■nned  below 


SELECTION  OF  PUBLIC  OFFICIALS 


UNIVERSITY  of  CALIFORNIA 

AT 

LOS  ANGELES 

LIBRARY 


IOWA    APPLIED    HISTOEY    SERIES 

EDITED    HY    BENJAMIN    F.   SHAMBAUGH 


SELECTION 

OF  PUBLIC  OFFICIALS 

IN  IOWA 


BY 


HENRY  J.  PETERSON 


» 1  * 
• .  I  • 


>     I  •     • 


PUBLISHED     AT     IOWA     CITY     IOWA     IN     1914     BY 
THE      STATE      HISTORICAL      SOCIETY      OF      IOWA 


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EDITOR'S  INTRODUCTION 

Organization  and  methods  are  now  everywhere  em- 
phasized in  programs  of  political  betterment.     No 
one  questions  the  fundamental  ^proposition  that  pub- 
jv^  lie  officials  are  agents  of  the  sovereign  people ;  but 
*♦  there  is  still  considerable  difference  of  opinion  as  to 
^  the  best  methods  of  selecting  these  agents.     In  the 
nineteenth  century  democracy  declared  in  favor  of 
popular  election ;  but  at  present  the  same  influence  is 
demanding  the  short  ballot. 
i  Benj.  F.  Shambaugh 

Office  op  the  Superintendent  and  Editor 

The  State  Historical  Society  of  Iowa 

Iowa  City  Iowa 


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AUTHOR'S  PREFACE 

The  selection  of  public  officials  in  order  to  secure  efficient, 
harmonious,  and  responsible  administration  in  govern- 
ment has  come  to  be  a  matter  of  prime  importance.  The 
situation  has  long  demanded  reform :  it  is  now  receiving 
close  attention.  Voluntary  associations  such  as  the  City 
Club  of  Chicago,  the  Municipal  Association  of  Cleveland, 
Ohio,  and  the  National  Short  Ballot  Organization  are  in- 
vestigating the  methods  of  selecting  public  officials  to 
determine  which  officers  ought  to  be  elected  and  which 
appointed,  and,  if  appointed,  the  proper  agency  by  which 
appointment  should  be  made. 

It  is  the  purpose  of  this  paper  to  state  the  methods  of 
selecting  public  officials  in  Iowa;  to  point  out  some  de- 
fects in  these  methods ;  to  present  some  changes  that  have 
been  proposed  or  have  been  put  into  operation  in  other 
States ;  and  to  indicate  changes  that  would  seem  desirable 
in  the  methods  used  in  Iowa.  The  writer  bases  this  paper 
for  the  most  part  upon  a  more  extensive  study  of  the 
selection  of  public  officials  in  Iowa  which  he  has  recently 
completed.  At  the  same  time  these  pages  contain  some 
new  information  not  included  in  the  larger  study. 

To  Mr.  Jacob  Van  der  Zee  the  writer  is  indebted  for  a 
thorough  revision  of  the  manuscript  as  originally  sub- 
mitted and  for  the  compilation  of  the  table  which  appears 

7 


8  APPLIED  HISTORY 

on  pp.  39-48.  Indeed,  so  important  was  the  work  of  Mr. 
Van  der  Zee  that  the  writer  freely  acknowledges  that 
much  of  the  value  of  the  paper  is  due  to  his  painstaking 
work  —  which  amounts  practically  to  joint  authorship. 

Miss  Anne  Stuart  Duncan,  Librarian  of  the  Iowa 
State  Teachers  College,  was  very  helpful  in  looking  up 
material.  Valuable  suggestions  came  from  discussions 
with  Dr.  Frank  E.  Horack,  Dr.  Clarence  R.  Aurner,  Mr. 
0.  K.  Patton,  Mr.  E.  H.  Downey,  and  Deputy  Auditor  of 
State  Mr.  Joe  Byrnes.  Dr.  Dan  E.  Clark  was  always 
ready  with  advice  and  suggestions ;  and  to  Dr.  Benj.  F. 
Shambaugh  special  acknowledgment  is  due  for  untiring 
patience  and  counsel  during  the  preparation  of  this 
paper. 

Henry  J.  Peterson 

Iowa  State  Teachers  College 
Cedar  Falls  Iowa 


CONTENTS 


I.     Introduction  :  The  Problem  of  Selecting  Public 

Officials  .         .         .         .         .         •         •         .11 

II.  Selection  of  Public  Officials  in  Iowa  .  .  .13 
selection  of  state  officials  .  .  .  .13 
selection  of  county  officials  ...  28 
selection  of  township  officials  .  .  .31 
selection  of  school  officials  ...  32 
selection  of  municipal  officials    ...       34 

III.  Criticism  of  the  Methods  of  Selecting  State  Of- 

ficials IN  Iowa  ......       49 

IV.  Proposed  Changes  in  the  Methods  of  Selecting 

Public  Officials        ......       56 

STATE  officials  ......  56 

county  officials     ......       60 

TOWNSHIP  officials         .....       63 

municipal  officials         .....       63 

V.     Standards  of  Reform  in  the  Selection  of  Public 

Officials  .......       65 

THE  short  ballot   ......       66 

civil  service  reform        .....       70 

conclusion     .         .         .         .         .         .         .71 

Notes  and  References        .....       75 


INTRODUCTION :  THE  PROBLEM  OF  SELECTING 

PUBLIC  OFFICIALS 

In  order  to  perform  the  numerous  functions  of  present- 
day  government  a  vast  army  of  persons  must  be  selected. 
In  numerous  ways  and  by  various  State  agencies  men  are 
appointed  to  State  boards,  commissions,  inspectorships, 
and  other  positions.  But  tlie  people,  to  whom  all  offices 
belong  and  for  whom  all  offices  exist,  still  possess  the 
right  to  select  most  officials.  They  choose  legislators  to 
enact  certain  policies  into  law;  they  make  provision  for 
officials  to  enforce  the  law  when  made,  some  of  these 
executive  officers  being  elected  outright  by  the  people, 
others  being  appointed;  and  they  select  still  another 
group  of  State  officials  to  declare  wdiat  a  statute  means 
and  apply  it  to  particular  cases.  But  these  do  not  consti- 
tute the  whole  public  service:  a  still  larger  number  of 
persons  must  be  chosen  to  carry  on  the  work  of  govern- 
ment in  the  local  areas  such  as  counties,  townships,  towns 
and  cities,  and  school  districts. 

Thus  it  has  come  about  that  the  voter  in  Iowa  faces 
the  difficult  task  of  attempting  to  decide  too  much  on 
election  day.  He  staggers  under  the  load  placed  upon 
him  by  the  primary  and  the  general  election  laws  of  the 
State.  Confronted  by  a  long,  cumbersome  ballot  at  the 
primary  elections  in  June  and  again  at  the  regular  elec- 
tions in  November,  he  realizes  how  hopeless  it  is  to  vote 
intelligently  either  for  the  candidates  who  seek  the  nomi- 

11 


12  APPLIED  HISTORY 

nation  or  for  the  nominees  who  seek  election.  Moreover, 
the  voter's  problem  of  selecting  public  servants  is  ren- 
dered still  more  complex  by  the  survival  of  the  Jack- 
sonian  principle  of  rotation  in  office,  which  necessitates 
the  frequent  selection  of  officials,  and  by  the  impossibility 
of  getting  reliable  information  about  all  the  candidates 
upon  the  many  different  tickets.^  It  is  no  great  wonder, 
then,  that  many  voters  are  discouraged  and  take  little 
interest  in  the  nomination  and  the  election  of  public 
officials. 

The  character  of  the  work  performed  by  all  the  of- 
ficials in  State  and  local  government  emphasizes  as 
nothing  else  can  the  importance  of  care  in  their  selection. 
It  makes  a  great  deal  of  difference  whether  or  not  a  food 
inspector  is  honest  and  efficient ;  corrupt  building  inspec- 
tors may  be  responsible  for  the  fall  of  a  building  with 
resultant  loss  of  life;  a  careless  or  inefficient  mine  in- 
spector may  be  responsible  for  a  mine  disaster ;  dishonest 
medical  or  dental  examiners  may  permit  the  unfit  to 
practice;  railroad  commissioners  controlled  by  the  car- 
riers may  refuse  or  neglect  to  enforce  laws  directed 
against  the  railroads;  judges  may,  on  insufficient 
grounds,  nullify  progressive  legislation;  and  inefficient 
or  dishonest  legislators  may  enact  laws  difficult  of  inter- 
pretation, worded  so  as  to  favor  special  interests,  or  they 
may  even  refuse  to  act  at  all.  Thus  it  seems  of  vital 
importance  that  provision  be  made  for  such  methods  of 
selection  as  will  secure  public  officials  who  are  most  ef- 
ficient and  most  responsive  to  the  popular  will.  This, 
indeed,  is  the  problem  involved  in  the  selection  of  public 
officials. 


n 

SELECTION  OF  PUBLIC  OFFICIALS  IN  IOWA 

In  general  the  piil)lic  officials  of  Iowa  are  all  those  public 
servants  who  hold  offices  created  by  State  statutes  and 
the  State  Constitution.  They  are  to  be  distinguished 
from  public  employees  in  that  the  latter  hold  subordinate 
appointive  positions  and  work  under  the  supervision  of 
superior  officers.  Public  officials  may  be  classified  into 
three  groups  according  to  the  method  by  w^hich  they  are 
designated  to  fill  the  State  and  local  offices:  first,  those 
who  are  elected  by  the  people ;  secondly,  those  who  are  ap- 
pointed to  office;  and  thirdly,  those  who  hold  office  by 
virtue  of  the  fact  that  they  occupy  certain  other  offices. 
It  is  in  this  order  that  the  w^riter  proposes  to  consider  the 
methods  of  selecting  State  and  local  officials  in  Iowa. 

SELECTION  OF  STATE   OFFICIALS 

In  Iowa  two  State-wide  elections  are  now  held  every 
two  years  before  the  selection  of  State  officials  is  com- 
plete. Instead  of  the  unregulated  and  unsatisfactory 
nominating  system  of  party  caucuses  and  conventions, 
which  designated  candidates  for  office  previous  to  1907, 
there  now  exists  for  the  same  purpose  a  State-controlled 
primary.  All  candidates  for  the  various  legislative  and 
executive  offices  to  be  voted  on  at  the  general  election 
must  comply  with  the  requirements  of  the  State  law  be- 
fore they  may  submit  their  claims  to  all  the  members  of 
their  political  party  at  a  primary  or  nominating  election 

13 


14  APPLIED  HISTORY 

held  on  the  first  Monday  in  June  of  the  even-numbered 
years.  The  successful  party  candidate  for  an  office  is 
determined  by  a  plurality  vote  —  except  when  no  candi- 
date receives  thirty-five  percent  of  the  votes  cast,  in 
which  event  the  statute  legalizes  nomination  by  the  old- 
fashioned  convention  of  party  delegates.  It  should  be 
noted,  however,  that  judges  are  nominated  at  the  same 
time  and  place,  twice  as  many  as  there  are  vacancies  on 
the  bench  to  fill,  by  all  the  voters  irrespective  of  party 
affiliations. - 

The  members  of  the  State  legislature  of  Iowa  have 
always  been  elected  by  the  people.  The  qualifications, 
methods  of  selection,  and  terms  of  office  of  Senators  and 
Representatives  differ  in  ways  still  attributable  to  the 
old  American  belief  in  the  check  and  balance  system. 
The  number  of  Senators  is  fixed  at  fifty  to  be  elected  by 
the  people  of  as  many  senatorial  districts.  The  number 
of  Representatives  is  not  to  exceed  one  hundred  and 
eight,  the  people  of  each  of  the  ninety-nine  counties  elect- 
ing one,  while  the  nine  most  populous  counties  are  entitled 
to  one  additional  member  each.-^ 

The  Organic  Act  of  the  Territory  of  Iowa  provided 
that  the  President  and  the  Senate  of  the  United  States 
should  appoint  the  Governor,  the  Secretary,  and  the  At- 
torney of  the  Territory.  Department  heads  such  as 
Auditor,  Treasurer,  and  Superintendent  of  Public  In- 
struction, for  whom  there  was  provision  in  Territorial 
legislation,  were  made  appointive  by  the  Governor  and 
the  Legislative  Council,  but  when  Iowa  became  a  State  in 
1846  many  of  these  offices  were  made  elective.  Although 
the  State  Constitution  of  1846  did  not  provide  for  a 
Lieutenant-Governor  the  creation  of  such  an  office  was 
favored  at  the  constitutional  convention  of  1857:  pro- 


SELECTION  OF  PUBLIC  OFFICIALS  15 

vision  for  tho  direct  election  of  this  officer  was  made 
because  he  would  be  called  upon  to  serve  as  Governor  in 
case  of  emergency.  At  the  same  time  there  were  created 
the  offices  of  Secretary  of  State,  Auditor  of  State,  Treas- 
urer of  State,  and  Attorney  General  —  all  to  be  elected 
by  the  people  for  two  years."* 

With  the  development  of  railroads  in  the  State  of 
Iowa  the  proper  control  of  these  corporations  became  a 
serious  problem,  the  solution  of  which  the  General  As- 
sembly sought  in  the  creation  of  a  board  of  railroad  com- 
missioners. The  board  was  made  appointive  by  the 
Governor  and  the  Executive  Council.  The  appointive 
board,  however,  did  not  meet  with  universal  approval, 
and  so  Governor  Larrabee  suggested  that  the  commis- 
sioners be  made  elective  by  the  people  or  appointive  by 
the  Governor  and  the  Senate.  Thereupon  the  General 
Assembly  made  provision  for  an  elective  board  of  three 
members  for  a  six-year  term.^* 

Until  the  advent  of  Andrew  Jackson  it  seems  to  have 
been  taken  for  granted  that  State  judges  should  be  ap- 
pointed. Influenced  by  Jacksonian  theories  of  govern- 
ment, however,  the  idea  of  the  popular  election  of  judges 
grew  rapidly  in  favor.  The  proper  method  of  choosing 
judges  was  one  of  the  debated  questions  before  the  consti- 
tutional conventions  of  1844  and  1846,  and  ex-Governor 
Lucas  voiced  the  sentiment  of  the  majority  when  he  de- 
clared the  best  way  to  be  the  election  of  district  judges 
by  the  people  and  the  appointment  of  Supreme  Court 
Justices  by  a  joint  ballot  of  the  members  of  the  legisla- 
ture.^ 

The  selection  of  Supreme  Court  Justices  by  the  Gen- 
eral Assembly  did  not  give  entire  satisfaction.  The 
sentiment  for  elective  judges  grew  so  rapidly  that  in  the 


16  APPLIED  HISTORY 

constitutional  convention  of  1857  scarcely  a  voice  was 
raised  in  favor  of  appointment.  As  a  result  the  present 
Constitution  provides  for  the  popular  election  of  Justices 
for  a  term  of  six  years,  and  recent  legislation  provides 
for  their  nomination  and  election  on  a  non-partisan 
ticket.  District  judges  have  remained  elective  since  1846 
—  they  too  are  subject  to  the  law  passed  in  1913  which 
aims  to  remove  their  selection  from  the  field  of  politics."^ 

The  number  of  public  offices  has  increased  very  great- 
ly in  recent  years  —  a  fact  largely  due  to  the  growth  of 
population  and  to  the  desire  to  let  the  government  regu- 
late social  and  economic  activities.  It  is  for  the  purpose 
of  enforcing  specific  State  laws  that  many  additional 
State  offices  have  been  created.  A  majority  of  these  of- 
fices are  appointive.  They  are  organized  in  various  ways, 
some  being  filled  by  single  officials  and  others  by  boards 
or  commissions  made  up  of  several  members.  Thus  Iowa 
has  been  a  rich  field  for  experiment  in  the  matter  of  de- 
ciding upon  the  proper  appointing  agencies.  Indeed,  it 
seems  that  the  State  has  at  one  time  or  another  experi- 
mented with  every  possible  method  of  appointment.  The 
drift,  however,  appears  to  be  towards  two  methods  — 
appointment  by  the  Governor  alone,  or  by  the  Governor 
and  the  Senate. 

The  appointment  of  officials  by  the  Governor  and  the 
Executive  Council  is  made  on  the  theory  that  this  method 
gives  the  Governor  the  benefit  of  expert  advice.  Very 
few  officials,  however,  have  been  selected  in  this  way  — 
at  present  only  the  commissioner  of  the  bureau  of  labor 
statistics  belongs  to  this  class.^ 

Appointment  by  the  General  Assembly  on  the  theory 
that  it  gives  the  most  direct  popular  control  has  usually 
been  restricted  to  members  of  investigating  commissions 


SELECTION  OF  PUBLIC  OFFICIALS  17 

and  commissions  to  locate  public  Ijuildings  or  public 
lands.  The  only  two  officers  chosen  by  the  General  As- 
sembly at  present  are  the  State  printer  and  the  State 
binder.^ 

Appointments  by  the  Supreme  Court  are  restricted  to 
those  whose  duties  are  directly  or  indirectly  connected 
with  the  work  of  that  body,  the  theory  being  that  the 
court  knows  best  what  men  are  qualified  for  such  work. 
The  office  of  clerk  of  the  Supreme  Court  was  appointive 
from  1838  to  1866  when  it  became  elective.  In  1913  Gov- 
ernor Clarke  raised  the  question  as  to  the  advisability  of 
returning  to  the  original  method  of  selecting  this  official, 
and  the  General  Assembly  accordingly  made  the  clerk 
and  the  reporter  (elective  since  1846)  appointive  by  the 
court  for  four-year  terms. ^" 

Under  the  terms  of  an  act  of  1884  to  regulate  the  ad- 
mission of  lawyers  to  practice  in  State  courts,  applicants 
were  examined  by  the  Supreme  Court  or  by  a  committee 
of  not  less  than  three  attorneys  appointed  by  the  Supreme 
Court.  Since  1907  this  duty  has  devolved  upon  a  board 
of  law  examiners  of  five  members  to  consist  of  the  At- 
torney General  and  four  members  appointed  by  the 
Supreme  Court.^^ 

The  appointment  of  public  officers  by  the  Governor 
and  the  Senate  is  based  upon  the  theory  that  such  a  meth- 
od combines  responsibility  to  the  Governor  and  popular 
control  through  the  Senate's  power  to  reject  or  confirm 
the  Governor's  nominations.  Some  recent  statutes  call- 
ing for  the  selection  of  officers  by  the  Governor  and  the 
Senate  provide  that  the  president  of  the  Senate  shall 
name  a  committee,  on  which  more  than  one  party  must  be 
represented,  to  investigate  the  nominations  of  the  Gov- 
ernor and  to  report  to  the  Senate  in  executive  session. 


18  APPLIED  HISTORY 

The  Senate  vote  to  ratify  such  nominations  must  not  be 
taken  on  the  same  day  on  whicli  the  committee  makes  its 
report. 

By  virtue  of  an  act  of  the  General  Assembly  creating 
the  office  of  custodian  of  public  buildings,  this  officer  is 
appointed  by  the  Governor  and  the  Senate  for  a  two-year 
term  J-  Until  1898  the  charitable  and  correctional  insti- 
tutions of  Iowa  were  controlled  by  separate  boards,  one 
for  each  institution.  Charges  were  made  against  these 
boards,  alleging  mismanagement,  jealousy,  and  a  system 
of  competition  for  State  funds.  A  committee  appointed 
to  investigate  conditions  found  that  the  charges  were 
well-founded  and  recommended  a  complete  reorganiza- 
tion by  abolishing  the  various  boards  of  trustees  and 
substituting  a  single  board. 

Accordingly,  the  General  Assembly  in  1898  passed  an 
act  which  created  a  board  of  control  of  three  members  to 
be  appointed  by  the  Governor  and  the  Senate  for  six 
years,  one  being  chosen  at  each  legislative  session.  Nom- 
inations by  the  Governor  may  be  considered  by  the  Senate 
only  after  investigation  by  a  committee  of  five  Senators 
named  by  the  president  of  the  Senate  without  a  motion. 
Of  this  committee  not  more  than  three  may  be  members 
of  the  same  party.  A  report  is  then  made  to  the  Senate 
in  executive  session  where  a  two-thirds  vote  is  necessary 
to  ratify  the  Governor's  nomination.^'^ 

In  line  with  the  modern  theory  that  ''reformation  is 
one  of  the  objects  of  the  administration  of  the  criminal 
law",  the  General  Assembly  in  1907,  after  receiving  va- 
rious recommendations  from  Governor  Cummins,  passed 
an  indeterminate  sentence  law.  To  aid  the  Governor  in 
the  enforcement  of  this  act  the  statute  provides  for  a 
board  of  parole  whose  members  are  appointed  by  the 
Governor  and  the  Senate.^^ 


SELECTION  OF  PUBLIC  OFFICIALS  19 

The  State  educational  institutions  existed  under  inde- 
pendent boards  until  1909.  The  legislative  committee 
which  investigated  all  State  institutions  in  1897  found 
that  the  management  of  the  educational  institutions  had 
been  quite  efficient,  and  so  the  recommendation  was  made 
that  these  be  omitted  from  the  scheme  of  centralization. 
Accordingly,  when  the  board  of  control  was  created,  only 
an  investigation  into  the  financial  management  of  the 
higher  educational  institutions  was  placed  under  its  juris- 
diction ;  but  in  1908  the  board  of  control  requested  to  be 
relieved  of  this  duty,  because  criticism  of  the  board  in- 
volved criticism  of  the  Governor  and  the  Superintendent 
of  Public  Instruction.  In  1909  the  General  Assembly 
created  the  State  board  of  education  to  have  charge  of  all 
three  higher  educational  institutions  of  the  State.  The 
board  consists  of  nine  members  appointed  by  the  Gov- 
ernor and  confirmed  by  a  two-thirds  vote  of  the  Senate.'"' 

In  his  message  to  the  General  Assembly  in  1911  Gov- 
ernor Carroll  stated  that  there  was  considerable  demand 
for  a  State  fire  marshal  such  as  had  been  provided  in  a 
number  of  neighboring  States  and  that  he  was  inclined  to 
favor  the  creation  -of  the  office.  The  legislature  took 
affirmative  action  and  provided  for  the  appointment  of 
such  an  officer  by  the  Governor  and  the  Senate  for  a  four- 
year  term.^^ 

Supervision  of  insurance  companies  in  Iowa  was  at 
first  left  to  an  examiner  employed  by  the  Auditor  of 
State.  The  importance  of  the  work,  however,  caused  the 
General  Assembly  in  1913  to  create  the  Insurance  De- 
partment of  Iowa  and  to  provide  for  a  commissioner  of 
insurance.  After  February  1,  1915,  this  officer  is  to  be 
appointed  for  a  four-year  term  by  the  Governor  with  the 
approval  of  two-thirds  of  the  Senate.^'    To  enforce  the 


20  APPLIED  HISTORY 

workmen's  compensation  act  of  1913  provision  was  made 
for  the  office  of  Iowa  industrial  commissioner  to  be  ap- 
pointed by  the  Governor  and  the  Senate  for  six  years.^* 

The  constitutional  convention  of  1857  provided  for  a 
board  of  education  to  take  the  place  of  the  Superintend- 
ent of  Public  Instruction.  In  1864,  however,  the  General 
Assembly  abolished  the  board  and  restored  the  office  of 
an  elective  Superintendent.  In  response  to  Governor 
Clarke's  recommendation  of  the  short  ballot  principle 
the  legislature  in  1913  passed  an  act  which  requires 
(after  1914)  the  Governor  Avith  the  consent  of  two-thirds 
of  the  Senators  to  name  the  Superintendent  for  a  term  of 
four  years. ^'^ 

The  number  of  officers  appointed  by  the  Governor 
alone  has  greatly  increased  in  recent  years.  Selection  by 
the  chief  executive  is  based  on  the  theory  that  it  makes 
the  Governor  responsible  to  the  people  and  the  appointee 
responsible  to  the  Governor.  Since  Territorial  days  the 
Governor  has  been  intrusted  with  power  to  appoint  the 
adjutant  general.-'^  Since  1851  notaries  public  have  been 
commissioned  for  three-year  periods  by  the  Governor.^! 
The  board  of  educational  examiners,  created  in  1861,  was 
reorganized  in  1882  to  consist  of  the  Superintendent  of 
Public  Instruction,  the  president  of  the  State  University, 
the  principal  of  the  State  Normal  School  (now  president 
of  the  State  Teachers  College),  and  two  members  ap- 
pointed by  the  Governor.^^ 

County  inspectors  of  mines  were  employed  from  1872' 
to  1880,  iDut  were  found  unsatisfactory  by  the  miners.. 
The  General  Assembly  created  the  office  of  State  mine  in- 
spector and  provided  for  his  appointment  by  the  Gover- 
nor and  the  Senate.  Politics  soon  played  its  part  in  the 
selection  of  inspectors  —  as  is  often  the  case  with  ap- 


SELECTION  OP  PUBLIC  OFFICIALS  21 

pointments  by  the  Governor  and  the  Senate.  The  statute 
of  1888,  devised  to  place  the  office  on  a  merit  basis,  pro- 
vides for  the  examination  by  a  board  of  examiners  of 
those  who  desire  appointment  as  mine  inspectors.  Per- 
sons who,  in  the  judgment  of  the  board,  possess  the 
required  qualifications  are  granted  certificates  of  com- 
petency, and  the  Governor  may  appoint  as  inspectors  any 
three  persons  who  hold  such  certificates.^^ 

To  protect  the  people  from  incompetent  pharmacists 
the  General  Assembly  in  1880  created  three  commission- 
ers of  pharmacy  to  examine  and  issue  certificates  to 
qualified  practitioners.  The  board,  at  first  appointed  by 
the  Governor  and  the  Executive  Council,  is  now  selected 
by  the  Governor  alone.^* 

To  provide  for  the  better  education  of  dentists  the 
General  Assembly  in  1882  created  a  board  of  dental  ex- 
aminers to  examine  those  who  wish  to  practice  dentis- 
try in  the  State.  These  examiners  are  appointed  by  the 
Governor  for  a  five-year  term.  According  to  an  act  of 
1900  the  Iowa  State  Dental  Society  is  required  to  submit 
to  the  Governor  a  list  of  names  of  dentists  of  recognized 
ability  from  whom  he  may  make  his  selection.-^ 

In  1884  the  General  Assembly  created  the  office  of 
State  inspector  of  oils.  The  original  law,  providing  for 
the  appointment  of  an  inspector  by  the  Governor  and 
the  Senate,  was  later  modified  to  give  the  Governor  the 
sole  power  of  appointment.  The  Governor  may  fix  the 
number  of  inspectors  not  to  exceed  fourteen.  The  Gen- 
eral Assembly  of  1884  also  provided  for  the  appointment 
of  a  State  veterinary  surgeon  by  the  Governor  for  a 
three-year  term.-"  To  secure  greater  safety  for  passen- 
gers on  boats  the  General  Assembly  has  since  1888  re- 
quired the  Governor  to  appoint  such  competent  and  suit- 


22  APPLIED  HISTORY 

able  persons  as  State  inspectors  of  boats  as  he  thinks 
necessary.-'^ 

It  was  at  the  suggestion  of  Governor  Larrabee  in  1890 
that  the  General  Assembly  reorganized  the  office  of  the 
Iowa  weather  service  as  the  weather  and  crop  service 
and  placed  it  under  the  supervision  of  the  board  of  direc- 
tors of  the  State  Agricultural  Society.  The  central  sta- 
tion is  located  at  Des  Moines  and  is  placed  in  charge  of 
a  director  of  weather  and  crop  service  appointed  for  two 
years  by  the  Governor  upon  recommendation  of  the  board 
of  directors  of  the  State  Agricultural  Society.^'^ 

Legislation  for  the  protection  of  fish  dates  back  to 
1874.  In  that  year  the  General  Assembly  enacted  a  law 
requiring  the  Governor  to  appoint  three  competent  per- 
sons as  State  fish  commissioners.  The  office  was  abolished 
in  1897,  and  a  fish  and  game  warden  is  now  appointed  by 
the  Governor  for  a  three-year  term.-'' 

The  use  of  voting  machines  w^as  authorized  in  1900 
by  legislation  which  also  requires  the  Governor  to  ap- 
point a  board  of  voting  machine  commissioners.  In  the 
same  year  a  State  library  commission  was  created  to 
promote  the  establishment  and  efficiency  of  free  public 
libraries  as  well  as  of  public  school  libraries.  The  com- 
mission consists  of  the  State  librarian,  the  Superin- 
tendent of  Public  Instruction,  the  president  of  the  State 
University,  and  four  members  appointed  by  the  Gover- 
nor.^^ 

When  the  attention  of  the  General  Assembly  was 
called  to  the  desirability  of  legislation  to  prevent  adulter- 
ations of  dairy  products,  a  law  was  enacted  in  1886 
requiring  the  Governor  and  the  Executive  Council  to  ap- 
point a  State  dairy  commissioner  for  a  two-year  term. 
The  law  has  since  been  amended  to  give  the  Governor 


SELECTION  OF  PUBLIC  OFFICIALS  23 

alone  the  power  of  appointment,  and  the  officer's  title  has 
been  changed  to  State  dairy  and  food  commissioner.-'^ 

The  General  Assembly  in  1909  created  the  office  of 
inspector  of  bees  and  authorized  the  Governor  to  appoint 
a  competent  incumbent.  In  the  same  year  was  estab- 
lished a  board  of  optometry  examiners,  the  Governor 
appointing  as  members  of  the  board  three  optometrists 
and  one  physician  member  of  the  State  board  of  health. 
These  with  the  secretary  of  the  State  board  of  health 
make  up  the  board.^^ 

In  1911  the  General  Assembly  provided  for  a  commis- 
sion of  animal  health  consisting  of  the  State  veterinary 
surgeon  as  ex  officio  member  and  executive  officer,  two 
veterinarians,  and  two  stock-raisers  —  all  four  to  be  ap- 
pointed by  the  Governor.  The  veterinarians  are  chosen 
for  three,  the  others  for  two  years.^^ 

The  General  Assembly  of  1913  reorganized  the  State 
highway  commission  so  that  it  now  consists  of  the  dean 
of  engineering  at  the  State  College  of  Agriculture  and 
Mechanic  Arts  as  ex  officio  member  and  two  persons 
appointed  by  the  Governor  to  serve  for  four  years. •'^■* 

It  w^as  Governor  Robert  Lucas  who  first  recommended 
that  provision  be  made  for  a  librarian  for  the  Territory 
of  Iowa.  The  act  of  1840  provided  for  the  appointment 
of  a  librarian  by  the  Governor  and  the  Legislative  Coun- 
cil, but  later  various  methods  were  resorted  to  for  filling 
the  office.^"'  In  1900  the  General  Assembly  gave  the  board 
of  library  trustees  powder  to  appoint  the  State  librarian 
for  a  six-year  term.^*' 

The  State  Agricultural  Society,  which  was  recognized 
by  law  in  1855,  was  abolished  in  1900  and  the  State  De- 
partment of  Agriculture  created  in  its  stead.  This  de- 
partment is  under  the  supervision  of  the  State  board 


24  APPLIED  HISTORY 

of  agriculture  whose  president  and  vice  president  and 
eleven  appointive  members  are  selected,  one  for  each 
congressional  district,  by  an  agricultural  convention. 
The  ex  officio  members  of  the  board  are  the  Governor, 
the  president  of  the  State  College  of  Agriculture  and 
Mechanic  Arts,  the  State  dairy  and  food  commissioner, 
the  State  veterinary  surgeon,  and  finally,  a  secretary  and 
treasurer  appointed  by  the  board  for  one  year.^^ 

The  office  of  State  geologist  created  in  1855  was  made 
appointive  by  the  Governor  with  the  approval  of  the 
Senate,  but  in  1892  a  geological  board  was  established 
and  given  the  power  to  select  the  State  geologist.^^  Mem- 
bers of  the  State  Historical  Society,  which  w^as  organized 
in  1857,  were  at  first  permitted  to  select  their  own  officers, 
but  in  1872  the  General  Assembly  brought  the  society 
under  more  direct  State  supervision  by  creating  a  board 
of  curators  nine  of  whom  are  appointed  by  the  Governor, 
while  nine  are  selected  by  the  members  of  the  society  from 
among  their  own  number  at  the  annual  meeting  held  in 
Iowa  City.39 

A  State  board  of  health  was  created  in  1880  to  consist 
of  the  Attorney  General  and  eight  members  appointed  by 
the  Governor  and  the  Executive  Council.  In  1911  Gov- 
ernor Carroll  pointed  out  the  necessity  of  reorganization, 
recommending  that  all  boards  of  health  be  brought  closer 
together  under  the  supervision  of  one  head.  The  legisla- 
ture accordingly  passed  a  law  providing  that  the  Gov- 
ernor, the  Secretary  of  State,  and  the  Auditor  of  State 
should  henceforth  select  the  five  members  of  the  board  of 
health  and  the  secretary  of  the  board.'*^ 

An  act  was  passed  in  1892  to  promote  an  historical 
collection  at  the  capital,  providing  for  a  curator  to  be 
appointed  by  the  trustees  of  the  State  Library.     The 


SELECTION  OF  PUBLIC  OFFICIALS  25 

statute  of  1900  which  created  the  board  of  library  trus- 
tees to  take  charge  of  the  affairs  of  the  State  Library 
and  Historical  Department,  continued  the  office  under  the 
title  of  curator  of  the  museum  and  art  gallery  and  made 
the  curator  appointive  by  the  board."*^ 

Politics  and  efficiency  are  not  often  team-mates.  It 
was  the  realization  of  this  fact  which  led  the  General 
Assembly  in  1888  to  modify  the  method  of  selecting  mine 
inspectors.  According  to  this  act  the  Executive  Council 
is  required  to  appoint  a  board  of  examiners  to  examine 
applicants  for  the  position  of  mine  inspector.  As  amend- 
ed in  1902  and  1904  the  examining  board  consists  of  two 
practical  miners  and  two  operators,  all  of  whom  are  re- 
quired to  hold  certificates  of  competency  as  mine  fore- 
men, and  a  fifth  member  who  is  to  be  a  mining  engineer."*- 

The  General  Assembly  in  1907  provided  for  a  com- 
mittee to  examine  embalmers.  This  committee  is  made 
up  of  the  secretary  of  the  State  board  of  health  and  four 
members  selected  by  the  State  board  of  health  at  its  an- 
nual meeting.  Of  the  appointive  members  two  are 
physician  members  of  the  board  and  two  must  be  licensed 
embalmers.  Provision  was  also  made  for  an  examining 
committee  for  nurses.  The  State  board  of  health  at  its 
annual  meeting  is  required  to  select  for  this  purpose  two 
physicians  from  its  own  number  and  two  graduate  nurses 
actively  engaged  in  the  practice  of  nursing.  These  four 
with  the  secretary  of  the  board  of  health  make  up  the 
committee  for  the  year.^-^ 

It  was  at  the  instance  of  the  commercial  bodies  of  the 
State  that  the  office  of  commerce  counsel  was  established 
bv  the  General  Assemblv  in  1911.  The  board  of  railroad 
commissioners  with  the  approval  of  two-thirds  of  the 
Senate  in  executive  session  appoints  this  officer  for  a 
four-year  term.^* 


26  APPLIED  HISTORY 

Governor  Clarke  in  1913  recommended  the  creation  of 
the  office  of  county  manager.  Although  the  Governor's 
recommendation  was  not  followed,  the  General  Assembly 
did  create  the  office  of  State  examiner  for  counties.  The 
Auditor  of  State,  according  to  the  act,  appoints  not  less 
than  four  nor  more  than  eight  examiners  who  must  be 
''suitable  persons  of  recognized  skill,  familiar  with  the 
system  of  accounting  used  in  county  offices,  and  versed  in 
the  laws  relating  to  county  affairs."'*^ 

The  last  of  the  State  officials  to  be  considered  are  the 
ex  officio  officers.  There  are  several  reasons  why  one  is 
assigned  to  an  office  merely  because  he  holds  some  other 
office.  The  functions  of  the  two  offices  may  be  of  a  sim- 
ilar nature;  economy  may  be  desired;  or,  what  amounts 
to  almost  the  same  thing,  a  poorly  paid  officer  may  in  this 
way  be  given  extra  remuneration.  An  officer  may  be 
made  an  ex  officio  member  of  a  board  or  commission  in 
order  that  deliberation  of  numbers  or  cooperation  and 
counsel  on  the  part  of  men  whose  duties  are  similar  may 
be  secured.  Again,  such  designation  is  made  at  times  to 
confer  an  honor  upon  the  officer. 

In  1848  the  General  Assembly  created  a  State  board 
of  canvassers  to  consist  of  the  Governor,  Secretary  of 
State,  Auditor  of  State,  and  Treasurer  of  State  —  the 
latter  being  omitted  after  1851.  The  census  board  estab- 
lished in  1851,  consisting  of  the  Governor,  Secretary  of 
State,  Auditor,  and  Treasurer,  also  acted  as  the  State 
board  of  equalization  of  taxes.  In  1873  the  duties  of 
these  three  boards  were  turned  over  to  a  body  styled  the 
Executive  Council,  its  personnel  remaining  the  same  as 
that  of  the  census  board.'*'' 

The  legislature  in  the  extra  session  of  1862  required 
the  Governor  to  appoint  three  medical  examiners,  one  of 


SELECTION  OP  PUBLIC  OFFICIALS  27 

whom  was  to  be  the  professor  of  surgery  in  the  medical 
department  of  the  State  University  of  Iowa.  Later  the 
board  of  medical  examiners  was  reorganized  so  that  its 
members  became  the  seven  physicians  and  the  secretary 
of  the  State  board  of  health.  A  law  of  1897,  however, 
removed  the  secretary  from  the  board."*"^ 

The  General  Assembly  of  1870  took  the  management 
of  the  State  Library  out  of  the  hands  of  the  Governor  and 
made  the  Judges  of  the  Supreme  Court  the  commission- 
ers of  the  State  Library.  In  1872  the  legislature  reorgan- 
ized the  commission,  called  it  the  board  of  trustees  of  the 
State  Library,  and  in  1892  made  it  also  a  board  of  trus- 
tees of  the  Historical  Department.  A  law  of  1900  abol- 
ished the  two  boards  and  established  instead  the  board 
of  library  trustees,  the  members  being  the  Judges  of  the 
Supreme  Court,  the  Governor,  the  Secretary  of  State, 
and  the  Superintendent  of  Public  Instruction."*^ 

The  geological  survey  of  Iowa  was  reorganized  by 
legislative  action  in  1892  and  a  geological  board  was  pro- 
vided to  consist  of  the  Governor,  the  State  Auditor,  and 
the  presidents  of  the  Agricultural  College,  the  State 
University,  and  the  Iowa  Academy  of  Sciences.  Six 
years  later  the  General  Assembly  made  the  entomologist 
of  the  State  experiment  station  ex  officio  State  entomolo- 

gist.-'^ 

"For  the  complete  and  proper  registration  of  births 
and  deaths  for  legal,  sanitary,  and  statistical  purposes" 
a  legislative  act  of  1904  created  the  office  of  State  regis- 
trar of  vital  statistics.  The  State  board  of  health  became 
ex  officio  State  registrar  of  vital  statistics,  but  the  secre- 
tary of  the  board  has  acted  in  this  capacity  since  the  law 

of  i907.5« 

An  act  to  encourage  the  planting  of  forest  and  fruit 


28  APPLIED  HISTORY 

trees  in  Iowa  passed  in  1906  made  the  secretary  of  the 
Iowa  State  Horticultural  Society  the  State  forestry  com- 
missioner to  promote  the  objects  of  the  law.  Finally,  the 
General  Assembly  passed  an  act  in  1909  requiring  the 
civil  engineer  of  the  State  board  of  health  as  ex  officio 
inspector  of  hotels  to  supervise  and  protect  the  public 
health  in  hotels  throughout  the  State.^^ 

SELECTION   OF   COUNTY   OFFICIALS 

Counties  were  first  organized  in  the  Iowa  country  in 
1834.  On  the  6th  of  September  of  that  year  Governor 
Stevens  T.  Mason  of  the  Territory  of  Michigan  approved 
an  act  to  "lay  off  and  organize  counties  west  of  the  Mis- 
sissippi Eiver".  The  counties  created  by  the  law  were 
Dubuque  and  Demoine.  On  the  day  when  the  statute  was 
approved,  the  Governor  with  the  consent  of  the  Legis- 
lative Council  also  appointed  certain  officers  for  the 
county  of  Dubuque ;  but  it  was  not  until  December  26th  of 
the  same  year  that  officers  were  selected  for  Demoine 
County.^^ 

In  Territorial  Iowa  the  administrative  board  of  the 
county  was  a  body  of  three  commissioners  elected  at 
large.  In  1851  the  office  of  county  judge  was  substituted ; 
but  when  the  county  judge  failed  to  give  satisfaction, 
especially  in  the  newer  counties,  the  General  Assembly  in 
1860  dropped  this  highly  centralized  system  of  county 
administration  in  favor  of  the  extremely  decentralized 
system  represented  by  a  board  of  supervisors  consisting 
of  one  member  from  each  township  with  an  additional 
member  for  every  4000  population.  When  the  new  plan 
also  did  not  give  the  expected  satisfaction,  the  General 
Assembly  returned  to  the  commissioner  system,  retaining 
the  name  of  the  board  of  supervisors.    The  act  of  1870 


SELECTION  OF  PUBLIC  OFFICIALS  29 

provided  for  a  board  of  three  members  elected  by  the 
voters  of  the  county,  wliile  later  acts  permit  a  five  or 
seven  member  board  if  the  people  of  a  county  so  decide, 
the  members  being  elected  by  districts  or  by  the  county  at 
large. ^^ 

The  method  of  selecting  the  local  prosecuting  officer 
has  been  experimental.  The  appointment  of  a  district 
attorney  in  each  judicial  district  by  the  Territorial  Gov- 
ernor and  the  Legislative  Council  was  followed  by  the 
appointment  of  a  prosecuting  attorney  for  each  of  twenty 
districts.  Then  the  Constitution  of  1846  made  him  an 
elective  county  officer.  Dissatisfied  with  the  prosecuting 
attorney  as  a  county  officer,  the  people,  especially  in  the 
western  counties,  represented  in  the  constitutional  con- 
vention of  1857  secured  his  election  as  a  district  officer. 
This  plan  also  proved  a  failure.  Finally,  in  1884  the  Con- 
stitution was  amended  so  as  to  provide  once  more  for  an 
elective  county  attorney.^^ 

The  office  of  county  auditor  was  created  in  1868. 
Previous  to  that  time  the  functions  of  the  auditor  as  sec- 
retary to  the  board  of  supervisors  had  been  performed  by 
a  clerk  (at  first  appointed  by  the  board  and  then  elected 
by  the  people)  and  later  by  the  clerk  of  the  district  court. 
In  his  report  to  the  Twelfth  General  Assembly  in  1867, 
however,  the  Auditor  of  State  pointed  out  the  need  of 
creating  the  office  of  auditor  for  the  more  populous  coun- 
ties, since  the  ex  officio  clerk  found  it  impossible  to  attend 
to  the  duties  of  two  offices.  The  legislature  in  1868  pro- 
vided for  an  auditor  to  be  elected  for  two  years  in  each 
organized  county.  However,  the  county  recorder  or  the 
clerk  of  the  district  court  may  also  hold  the  office  of 
county  auditor.'^^ 

Other  county  officers  have  given  rise  to  little  discus- 


30  APPLIED  HISTORY 

sion  in  constitutional  conventions  or  meetings  of  the 
legislature.  The  clerk  of  the  district  court  appointed  by 
the  Supreme  Court  in  Territorial  Iowa  became  elective 
after  1846  and  similar  provision  was  made  for  the  office 
of  coroner.^*^  The  offices  of  recorder  and  treasurer,  be- 
ginning in  Territorial  days,  are  now  elective  also  for  a 
two-year  term,  and  may  be  held  by  the  same  person  when 
the  population  of  a  county  does  not  exceed  10,000.  The 
county  sheriff,  at  first  appointed  by  the  Governor  and  the 
Council,  has  since  1840  been  elective.  In  counties  which 
vote  to  establish  and  maintain  public  hospitals,  in  ac- 
cordance with  a  statute  of  1909,  a  board  of  seven  trustees 
is  elected  for  six  years. ^^ 

Appointive  officers  are  not  numerous  in  counties  at 
the  present  time.  The  oldest  officers  of  this  type  are  an 
inspector  of  lumber  and  shingles,  appointed  by  the  board 
of  supervisors,  if  such  an  officer  is  considered  necessary ; 
a  county  sealer  of  weights  and  measures,  similarly  ap- 
pointed if  the  board  decides  to  secure  standards  of 
weights  and  measures  from  the  State  superintendent  of 
weights  and  measures;  and  a  county  sheep  inspector  se- 
lected by  the  supervisors  when  notified  in  writing  by  five 
or  more  sheep  owners  that  scab  or  other  contagious  dis- 
eases exist  in  the  county.  Commissions  of  insanity  were 
provided  for  in  1870,  two  members  being  appointed  by  the 
district  court,  while  the  third  member  is  the  clerk  of  the 
district  court.  In  counties  where  the  district  court  is 
held  in  two  places,  two  commissions  are  appointed  and 
the  district  clerk's  deputy  may  also  act  as  a  commis- 
sioner."® 

An  official  known  as  the  county  surveyor  was  elected 
by  the  people  until  recently.  Although  the  act  providing 
for  his  office  seems  not  to  have  been  distinctly  repealed 


SELECTION  OP  PUBLIC  OFFICIALS  31 

by  the  General  Assembly,  his  duties  have  since  1913  been 
performed  by  the  county  engineer,  the  appointment  of 
whom  is  mandatory  upon  the  board  of  supervisors.  The 
county  superintendent  of  schools  also  was  elected  by  the 
people  until  1913  when  the  Thirty-fifth  General  Assembly 
made  the  office  appointive  by  a  convention  made  up  of  the 
presidents  of  the  school  boards  of  the  various  school  dis- 
tricts. If  the  president  of  a  school  board  is  unable  to 
attend,  some  other  member  of  the  board  may  be  selected 
by  the  board  in  his  place,  each  representative  having  a 
vote.  Bv  a  maioritv  the  convention  may  select  a  com- 
mittee  of  five  to  investigate  the  qualifications  of  candi- 
dates and  report  to  the  convention.  By  a  three-fourths 
vote  the  convention  may  even  delegate  to  the  committee 
its  power  to  appoint  a  superintendent.  Besides  fixing  the 
term  of  the  superintendent  at  three  years,  the  law  estab- 
lishes certain  requirements  as  to  experience  and  certifica- 
tion.^^ 

There  are  a  few  ex  officio  county  officials  in  Iowa.  The 
board  of  supervisors  acts  as  a  county  board  of  canvassers 
and  as  a  county  board  of  review.  To  afford  a  means  for 
the  introduction  of  county  uniformity  in  text-books,  the 
General  Assembly  in  1890  created  the  county  board  of 
education,  consisting  of  the  county  superintendent  of 
schools,  the  county  auditor,  and  the  board  of  supervisors. 
Finally,  a  statute  passed  in  1897  designates  the  clerk  of 
the  district  court  and  the  county  attorney  as  inspectors 
of  jails.'"''^ 

SELECTION  OF  TOWNSHIP  OFFICIALS 

Since  the  early  years  of  the  Territory  of  Iowa  the 
chief  governmental  authority  in  the  township  has  been 
the  board  of  trustees  of  three  members.  During  early 
statehood  the  countv  sheriff  was  ex  officio  assessor,  but 


32  APPLIED  HISTORY 

at  present  the  assessor  is  a  township  officer.  If  the  town- 
ship contains  an  incorporated  town  or  city  one  assessor 
is  chosen  for  the  municipality  and  another  for  the  rural 
section  of  the  township.  Other  elective  township  officers 
are  the  township  clerk,  two  constables,  and  two  justices 
of  the  peace  —  all  elected  for  two  years.^^ 

There  are  also  certain  ex  officio  township  officials.  In 
townships  undivided  for  election  purposes,  the  trustees 
serve  as  election  judges :  otherwise  each  trustee  serves  in 
the  election  precinct  in  which  he  resides  and  additional 
judges  are  appointed  by  the  board  of  supervisors.  In 
undivided  townships,  the  board  of  supervisors  decides  by 
ballot  which  two  of  the  trustees  are  to  serve  as  election 
judges  when  all  three  are  members  of  the  same  party. 
The  third  judge  is  then  selected  by  the  supervisors  from 
the  unrepresented  party  which  polls  the  largest  or  next 
largest  vote  at  the  preceding  general  election. 

Two  election  clerks  are  also  considered  as  members  of 
the  board  of  elections,  the  township  clerk  being  ex  officio 
election  clerk  for  the  precinct  in  which  he  lives,  while 
other  election  clerks  are  appointed  by  the  board  of  super- 
visors. The  judges  of  election  constitute  the  towmship 
board  of  canvassers  in  townships  which  form  a  single 
election  precinct;  otherwise  the  trustees  and  the  clerk 
serve  as  a  board  of  canvassers.'^-  By  an  act  of  1845  the 
trustees  serve  as  overseers  of  the  poor  for  the  township 
and  as  fence  viewers ;  by  a  law  of  1866  they  act  as  a  town- 
ship board  of  health ;  and  by  a  law  passed  four  years  later 
they  are  designated  a  township  board  of  equalization 


C3 


SELECTION  OF  SCHOOL  OFFICIALS 

From  the  time  the  Iowa  country  was  attached  to  Mich- 
igan in  1834  down  to  1858  the  independent  district  of 


SELECTION  OF  PUBLIC  OFFICIALS  33 

uncertain  area  was  the  unit  of  school  administration 
under  a  board  of  three  or  more  members.  Dissatisfied 
with  tliis  school  system  the  Seventh  General  Assembly 
in  1858  established  the  civil  township  as  the  school  dis- 
trict and  continued  the  former  independent  districts  as 
sub-districts  of  the  school  township,  retaining,  however, 
the  town  or  city  independent  districts.  By  later  legisla- 
tion, the  independent  district  is  permitted  as  an  optional 
organization  also  in  the  rural  districts."^ 

Despite  frequent  changes  in  the  school  laws  of  Iowa, 
the  governing  body  of  the  school  district  has  always  been 
a  board  of  several  members.  In  accordance  with  the  law 
of  1897,  voters  in  each  sub-district  of  the  school  township 
elect  a  sub-director  to  the  township  board  of  directors.  A 
township  which  is  not  divided  into  sub-districts  elects  a 
board  of  three  directors  at  large.  The  law  of  1898  calls 
for  the  election  of  an  additional  director  at  large  in  town- 
ships with  an  even  number  of  districts.*"'^ 

The  organization  and  selection  of  the  school  board  in 
independent  districts  has  also  been  subjected  to  many 
changes.  The  law  at  present  calls  for  the  election  by 
ballot  of  directors  to  hold  office  for  three  years.  Munici- 
palities or  unincorporated  towns  and  villages  have  boards 
consisting  of  five  or  seven  members,  while  rural  districts 
elect  boards  of  three  or  five  members.  In  independent 
districts  made  up  in  whole  or  in  part  of  cities  or  incor- 
porated towns,  the  treasurer  is  elected  for  a  one-year 
term.*'^  By  an  act  of  1858  authorizing  the  establishment 
of  county  high  schools,  provision  was  made  for  an  elec- 
tive board  of  trustees  of  six  members  who  with  the  county 
superintendent  should  control  the  high  school.  In  the 
only  county  where  such  a  school  exists  the  trustees  are 
chosen  for  four  years.*^"^ 


34  APPLIED  HISTORY 

The  only  appointive  school  officers  are  the  secretary 
and  the  treasurer;  both  are  selected  in  school  townships 
by  the  board  of  directors,  but  in  independent  districts  the 
secretary  alone  is  thus  chosen ;  while  in  independent  dis- 
tricts made  up  in  whole  or  in  part  of  cities  or  incor- 
porated towns,  the  treasurer  is  elected.''^ 

The  judges  of  school  elections  are  the  only  local  ex 
officio  school  officers.  By  the  law  of  1870  the  president, 
secretary,  and  one  of  the  directors  act  as  election  judges 
in  independent  districts,  but  by  a  later  statute  providing 
for  the  division  of  such  districts  into  election  precincts 
when  they  have  a  population  of  more  than  5000,  the  board 
of  directors  designates  as  members  of  the  election  board 
one  of  its  own  members  and  two  electors  of  the  district, 
one  of  the  latter  to  act  as  clerk/' ^ 

SELECTION  OF  MUNICIPAL  OFFICIALS 

Since  1857  the  General  Assembly  has  classified  cities 
and  towns  according  to  population  so  as  to  meet  some- 
what the  needs  of  the  various  communities.  In  incor- 
porated towns  the  council  consists  of  five  members  elected 
at  large.  In  cities  a  different  rule  obtains.  That  the 
needs  of  the  various  sections  of  a  city  may  be  better 
known  to  the  council,  that  the  feeling  of  responsibility 
and  the  idea  of  representation  may  be  brought  more  di- 
rectly home  to  both  councilmen  and  electors,  and  that  the 
candidates  may  be  better  known  to  the  voters,  it  is  re- 
quired that  cities  of  the  first  and  second  class  be  divided 
into  wards  and  a  councilman  elected  from  each  ward; 
and  to  secure  councilmen  who  will  consider  the  interests 
of  the  city  as  a  whole  rather  than  merely  those  of  any 
particular  ward,  provision  is  also  made  for  the  election 
of  two  councilmen  at  large.    Other  elective  officers  are  the 


SELECTION  OF  PUBLIC  OFFICIALS  35 

mayor,  the  assessor,  and  the  treasurer.  Cities  of  the  first 
class  also  elect  an  auditor,  a  city  engineer,  a  solicitor,  and, 
if  there  is  no  Superior  Court,  a  police  judge. 

There  are  several  offices  and  commissions  which  cer- 
tain cities  may  or  must  have.  Cities  with  a  population  of 
5000  or  more  may  by  popular  vote  provide  for  a  Superior 
Court,  and  elect  a  superior  judge  for  four  years.  Cities 
of  the  same  population  may  also  vote  to  build  a  city  hos- 
pital, and  thereafter  elect  three  hospital  trustees.  Three 
park  commissioners  must  be  elected  in  municipalities 
with  a  population  of  40,000  or  more,  and  they  may  be 
elected  in  cities  or  towns  with  a  smaller  population.  Fi- 
nally, cities  of  the  first  class  and  special  charter  cities 
with  a  population  of  less  than  25,000  may  elect  a  river 
front  improvement  commission."^** 

The  tendency  in  towns  and  cities  during  recent  years 
has  been  to  make  the  mayor  the  appointing  officer.  A 
board  of  public  works  of  two  members  must  be  appointed 
by  the  mayor  in  cities  which  have  a  population  of  50,000 
or  more  and  may  be  so  selected  in  cities  of  from  30,000  to 
50,000.  The  mayor  of  a  city  of  the  first  class  which  owns 
a  water  system  is  required  to  appoint  a  board  of  three 
trustees  of  water-works.  The  mayor  also  appoints  a 
health  physician,  a  street  commissioner,  and  a  marshal  in 
cities  and  towns,  but  if  such  a  city  has  a  board  of  public 
works  the  board  appoints  the  street  commissioner.  In 
cities  of  the  first  class  he  may  appoint  a  wharf-master 
when  he  thinks  it  necessary.  Moreover,  a  city  or  town 
council  may  by  ordinance  require  that  the  mayor  appoint 
''such  additional  officers,  including  superintendent  of 
markets,  harbor-masters,  and  port  wardens  usual  and 
proper  for  the  regulation  and  control  of  navigation, 
trade  or  commerce,  or  needful  and  proper  for  the  good 


36  APPLIED  HISTORY 

government  of  the  city  or  town,  or  the  due  exercise  of  its 
corporate  powers.""^ 

A  number  of  appointments  are  also  made  by  the  may- 
or and  the  council  as,  for  instance,  a  board  of  library 
trustees  of  nine  members  and  in  cities  with  a  population 
of  more  than  20,000  a  board  of  police  and  fire  commis- 
sioners of  three  members.  Municipalities  may  also  de- 
cide to  have  a  commission  of  public  docks  of  three 
members  appointed  in  the  same  way  for  three  years. 
The  council  alone  appoints  the  clerk  in  cities  and  towns 
and  a  solicitor  in  cities  of  the  second  class  J-  In  cities 
with  a  population  of  3,500  or  more,  exclusive  of  inmates 
of  State  institutions  located  there,  the  council  is  required 
to  appoint  a  registry  board  from  the  two  political  parties 
which  polled  the  largest  vote,  two  registrars  being  select- 
ed for  each  election  precinct.  In  unincorporated  villages 
with  a  like  population  the  board  of  supervisors  appoints 
a  board  of  registry.'^ -^ 

By  the  law  of  1892  the  councilmen  of  towns  and  cities 
serve  as  election  judges.  If  more  than  two  of  the  council- 
men  belong  to  the  same  party  and  live  in  the  same  ward, 
the  county  supervisors  designate  who  shall  act  as  election 
officials.  For  the  general  election  the  board  of  super- 
visors completes  the  election  boards;  and  for  municipal 
elections  the  city  council  so  acts.  By  the  law  of  1897  the 
mayor  and  the  clerk  of  a  town  or  city  divided  into  election 
precincts  act  as  a  board  of  canvassers.  In  undivided 
towns  or  cities  the  election  judges  so  serve.  Mayor  and 
councilmen  constitute  the  local  board  of  health,  and  the 
city  clerk  is  ex  officio  clerk  to  the  board.  The  law  of  1897 
also  designates  the  council  as  a  municipal  board  of  re- 
view. The  statute  which  provides  for  a  Superior  Court 
requires  the  superior  judge  to  act  as  his  own  clerk,  but  if 


SELECTION  OF  PUBLIC  OFFICIALS  37 

necessary  the  city  recorder  or  clerk  may  be  directed  to 
serve  as  clerk  to  the  courts ^ 

It  was  at  the  instance  of  the  city  of  Des  Moines  that 
the  General  Assembly  in  1907  permitted  cities  of  a  certain 
population  to  discard  their  old  form  of  government  in 
favor  of  the  commission  plan.  In  the  eight  cities  which 
have  since  organized  under  this  plan  the  voters  by  means 
of  a  primary  and  an  election  select  a  commission  consist- 
ing of  a  mayor  and  four  councilmen  (a  mayor  and  two 
councilmen  in  cities  with  a  population  between  2000  and 
25,000)  to  take  charge  of  the  city  government.  They  are 
elected  at  large  on  a  non-partisan  ticket  for  a  two-year 
term. 

The  commission  or  council  is  required  to  appoint  by 
majority  vote  a  board  of  library  trustees,  city  clerk,  solic- 
itor, assessor,  treasurer,  auditor,  civil  engineer,  city 
physician,  marshal,  market  master,  street  master,  street 
commissioner  "and  such  other  officers  and  assistants  as 
shall  be  provided  for  by  ordinance  and  necessary  to  the 
proper  and  efficient  conduct  of  the  affairs  of  the  city." 
In  cities  of  less  than  25,000,  however,  the  commission  may 
•exercise  its  own  judgment  as  to  which  of  the  above  men- 
tioned officers  are  needed.  In  cities  with  a  population  of 
15,000  or  more  the  council  must  appoint  a  police  judge  if 
there  be  no  Superior  Court.  In  cities  of  25,000  or  more 
the  council  must  appoint  three  civil  service  commission- 
ers, while  in  cities  of  less  population  tlie  council  may 
either  serve  as  an  examining  board  or  appoint  a  civil 
service  commission. 

The  civil  service  commission,  or  the  council  when  it 
acts  in  such  capacity,  conducts  examinations  to  determine 
the  qualifications  of  applicants  for  certain  positions,  and 
then  certifies  tlie  names  of  the  ten  persons  who  stand 


OP 


38  APPLIED  HISTORY 

highest.  Vacancies  in  the  city  service  are  then  filled  from 
these  lists  unless  there  are  fewer  than  three  names  for  a 
division  or  department  to  select  from.  In  such  instances, 
the  superintendent  of  the  department  concerned  may 
make  a  temporary  appointment  until  the  next  civil  service 
examination.  Preference  is  given  to  honorably  dis- 
charged soldiers,  sailors,  or  marines  of  the  regular  or 
volunteer  army  or  navj  of  the  United  States  if  otherwise 
qualified. 

Officers  or  employees  of  the  city  who  come  under  the 
merit  system  are  those  not  enumerated  above  as  elective 
or  appointive  officers  and  also  "commissioners  of  any 
kind  (laborers  whose  occupations  require  no  special  skill 
or  fitness),  election  officials,  and  mayor's  secretary  and 
assistant  solicitor,  where  such  officers  are  appointed". 
Certain  exceptions  are  made,  however,  aside  from  the 
general  rule.  Officers  or  employees  chosen  before  the  act 
went  into  effect,  those  serving  under  a  previous  civil 
service  law,  or  those  exempted  for  long  service  are  not  to 
be  subjected  to  examinations.'^^ 


SELECTION  OF  PUBLIC  OFFICIALS 


39 


Table  of  Public  Officials  in  Iowa 

[The  following  table  contains  data  concerning  the  term  of  office,  method  of 
selection,  and  method  of  removal  of  the  principal  State  officials  and  all  of  the 
county,  township,  scliool,  and  municipal  officials  in  Iowa.  It  will  be  noticed 
that  the  table  does  not  contain  mention  of  all  of  the  positions  connected  with 
the  administration  of  State  government.  In  fact,  in  the  different  State  offices, 
boards,  and  commissions  there  may  be  found  a  number  of  subordinate  positions 
which  are  of  more  aihninistrative  importance  than  some  oOices  which  are  prac- 
tically independent;  but  of  these  subordinate  positions  only  a  few  have  been 
listed  in  the  table. 

It  should  be  observed  that  this  table  has  a  close  connection  not  only  with 
this  paper  on  the  Selection  of  Public  Officials  in  Iowa,  but  also  with  the  papers 
on  the  Reorganization  of  State  Government  in  Iowa,  the  Merit  System  in  Iowa, 
and  the  Bemoval  of  Public  Officials  in  lotva  —  all  of  which  appear  in  this  series. 

The  table  was  compiled  by  Mr.  Jacob  Van  der  Zee ;  but  much  of  the  data  on 
the  removal  of  public  officials  was  furnished  by  Mr.  O.  K.  Patton. —  Editoe.] 


STATE  OFFICIALS 


Name  of  Official 


Governor 


Lieutenant  Governor 


Senators 


Representatives 


Secretary  of  State 


Auditor   of    State 


Treasurer   of    State 


Attorney  General 


Railroad 
Coiuniissioners 


Supreme  Court 
Judges 


District    Court 
Judges 


Term  of  Office 


Two  Years 

Two  Years 

Four   Years 

Two  Years 

Two  Years 

Two  Years 

Two  Years 

Two  Years 

Four   Years 


Six  Years 


Four    Years 


Max NEB  OF 
Selection 


Elected  by 
people 

the 

Kleeted   by 
people 

the 

Elected  by 
people 

the 

Elected  by 
people 

the 

Elected   by 
people 

the 

Elected  by 
people 

the 

Elected  by 
people 

the 

Elected  by 
people 

the 

Elected   by   the 
people 


Elected  by  the 
people 


Elected   by   the 
people 


Manner  of 
Removal 


By    impeachment 


By    impeachment 


Ry  a  two-thirds  vote 
of  the  Senate 


By  a  two-thirds  vote 
of  the  House 


By    impeachment 


By    impeachment 


By    impeachment 


By    impeachment 


By     impeachment 


By    impeachment 


40 


APPLIED  HISTORY 


Table  of  Public  Officials  in  Iowa  —  Continued 


Name  of  Official 

Term  of  Office 

Manner  of 
Selection 

1 
Manner  of 
Removal 

Adjutant  General 

At  pleasure  of 
Governor 

Appointed    by    the 
Governor 

By   the   Governor 

State    Veterinary 
Surgeon 

Three  Years 

Appointed    by    the 
Governor 

By    the    Executive 
Council    for    cause 

Fish   and   Game 
Warden 

Three   Years 

Appointed    by    the 
Governor 

By    the    Executive 
Council    for   cause 

State    Dairy   and 
Food    Commissioner 

Two  Years 

Appointed    by    the 
Governor 

By    the    Executive 
Council   for   cause 

Director    of 

Weather    and    Crop 

Service 

Two  Years 

Appointed    by    the 
Governor    on    recom- 
mendation  of    State 
Board   of    Agriculture 

By    the    Executive 
Council   for   cause 

State   Mine 
Inspectors 

Six  Years 

Appointed    by    the 
Governor 

By  the  Governor  for 
cause    upon    findings 

bv    the    Board    of 

Examiners   of   Mine 

Inspectors 

State     Inspectors 
of  Oils 

Two  Years 

Appointed    by    the 
Governor 

By    the    Executive 
Council    for   cause 

Inspector  of   Bees 

Two   Years 

Appointed    by    the 
Governor 

State    Inspectors 
of  Boats 

Two   Years 

Appointed    by    the 
Governor 

By    the    Executive 
Council   for   cause 

Commissioners     for 

Iowa  in   Other 

States 

Three   Years    or    at 
pleasure  of  Governor 

Appointed  by  the 
Governor 

By  the   Governor 

Notaries   Public 

Three  Years 

Appointed    by    the 
Governor 

By   the   Governor 

Commissioners  of 
Pharmacy 

Three  Years 

Appointed    by    the 
Governor 

By    the    Executive 
Council   for   cause 

State  Highway 
Commission 

Four    Years 

Two    members    ap- 
pointed by   the 
Governor   and   one 
ex  officio 

By    the    Executive 
Council    for    cause 

Commission   of 
Animal  Health 

Three  Years  for  vet- 
erinarians :    two  years 
for    stock-raisers 

One  member   ex 

officio,    and    four 

members    appointed 

by  the  Governor 

By    the    Executive 
Council  for  cause(?)' 

Library    Commission 

Five  Years 

Four   members 

appointed   by   the 

Governor    and    three 

ex   officio  members 

Appointed    members 

removable  by  the 

Executive    Council 

for   cause 

SELECTION  OF  PUBLIC  OFFICIALS  41 

Table  op  Public  Officlu^s  in  Iowa  —  Continued 


Namk  ok  Okficial 

Tkrm  of  Office 

Mann'eu  of 
Sklection 

Mannkb  of 
Removal. 

Board  of  E^duca- 
tional   Examiners 

Four   Years 

Three  ex   officio 
members    and    two 
members    appointed 

by  the  Governor 

By    the    F^xecutive 
Council    for    cause 

Board  of  Dental 
Examiners 

Five  Years 

Appointed    by    the 
Governor 

By    the    Executive 
Council    for    cause 

Board   of   Optometry 
Examiners 

One  Year 

Three  members   ap- 
nointed    by    the    Gov- 
ernor   on    recommen- 
dation of  Iowa   State 
Association    of   Opto- 
metrists,  and  two  ex 
officio  members 

Bv    the    Executive 
Council    for   cause 

Board   of   Voting 

Machine 

Commissioners 

Five  Years 

Appointed   by    the 
Governor 

By  the  Governor 

State  Printer 

Two   Years 

Elected  by  the 
General  Assembly 

State  Binder 

Two   Years 

Elected  by  the 
General  Assembly 

Reporter  of  the 
Supreme  Court 

Four    Years 

Appointed    by    the 
Supreme  Court 

Clerk  of  the 
Supreme  Court 

Four    Years 

Appointed    by    the 
Supreme  Court 

Board  of   Law 
Examiners 

Two  Years 

Four  members  ap- 
pointed   by    the   Su- 
Dreme  Court,   and  one 
ex  officio  member 

Superintendent  of 
Public   Instruction 

Four  Years 

Appointed  by  the 

Governor   with 
consent  of   Senate 

Commissioner  of 
Insurance 

Four   Years 

Appointed    by    the 

Governor   with 
consent    of    Senate 

By  the  district  court 
for  cause- 

Iowa  Industrial 
Commissioner 

Six  Years 

Appointed  by  the 
Governor  with  con- 
sent of  Senate 

By  the  Governor 
upon   the  order  of 

the   Executive 
Council   for    cause 

Custodian    of 
Public    Buildings 

Two   Years 

Appointed  by  the 
Governor  with  con- 
sent of  Senate 

By    the    Executive 
Council  for  cause 

42 


APPLIED  HISTORY 


Table  of  Public  Officl\ls  in  Iowa  —  Continued 


Name  of  Official 

Term  of  Offick 

Manner  of 
Selection 

Manner  of 
Removal 

State   Fire  Marshal 

Four  Years 

Appointed  by  the 
Governor   with  con- 
sent  of   Senate 

By  the  Governor 

for   cause 

Board  of  Control  of 
State  Institutions 

Six  Years 

Appointed  by  the 
Governor  with   con- 
sent  of   Senate 

By  the  Governor 
with  the  consent  of 
the  Senate  for  cause 

Board  of   Education 

Six  Years 

Appointed  by  the 
Governor  with  con- 
sent of  Senate 

By   the   Governor 
with  the  consent  of 
the  Senate  for  cause 

Board  of  Parole 

Six  Years 

Appointed  by  the 
Governor  witli  con- 
sent of  Senate 

By    the    Executive 
Council  for  cause 

Commissioner    of 

Bureau   of  Labor 

Statistics 

Two  Years 

Appointed  by  the 
Governor    and    the 
Executive   Council 

By   the   Governor 

with   advice  of 

Executive  Council 

for   cause 

State  Librarian 

Six  Years 

Elected  by  Board  of 
Library  Trustees 

Bv  a  two-thirds  vote 

"of  the  Board  of 

Library  Trustees 

for  cause 

Curator  of  the 

Museum  and  Art 

Gallery 

Six  Years 

Elected  by  Board  of 
Library  Trustees 

By  a  two-thirds  vote 

of  the  Board  of 

Library   Trustees 

for    cause 

State  Geologist 

At  pleasure   of 
Geological   Board 

Appointed   by 
Geological    Board 

By    the    Geological 
Board 

Examiner  of 
Municipal  Accounts 

Appointed  by  Auditor 
of  State 

Commerce  Counsel 

Four  Years 

Appointed  by   Board 
of   Railroad  Commis- 
sioners,   confirmed 
by   Senate 

By   the   Board   of 
Railroad  Commis- 
sioners  by   and    with 
the  consent  of  the 
Senate,    for    cause 

Secretary  of  State 
Board  of  Health 

Five  Years 

Appointed   by    Gov- 
ernor,   Secretary   of 
State,    and   Auditor 
of    State 

State   Examiners 
for  Counties 

Four  Years 

Appointed   by 
Auditor  of   State 

By    the    Auditor   of 
State  for  cause 

Bank   Examiners 

At  pleasure  of 
Auditor  of   State 

Appointed  by  Auditor 
of  State 

By    the    Auditor   of 
State 

SELECTION  OP  PUBLIC  OFFICIALS 


43 


Table  of  Public  Officials  in  Iowa  —  Continued 


Namb  of  Official 


Factory     Inspectors 


Examining  Commit- 
tee for   Embalmers 


Examining  Commit- 
tee for   Nurses 


Term  ok  Okkick 


One  Year 


One  Year 


State  Board  of 
Agriculture 


Board    of    Curators 

of   the    State 
Historical  Society 


State  Board  of 
Health 


Board  of   Examiners 

of  Mine  Inspectors, 

etc. 


Hotel   Inspector 


State  Entomologist 


State  Register  of 
Vital  Statistics 


State  Forestry 
Commissioner 


Executive  Council 


Board  of  Medical 
Examiners 


Board    of    Library 
Trustees 


Geological  Board 


One  Year  for  officers 
and  two  years  for 
district   directors 


Two  Years 


Manner  of 

Selection 


By    the   Commission- 
er  of    Bureau    of 
Labor  Statistics 


Appointed  by  the 

State  Board  of 

Health 


Appointed  by  the 

State  Board  of 

Health 


Man NEB  OF 
Removal 


Four  ex  officio  mem' 

bers  and  thirteen 
members  elected  at  an 
agricultural     conven- 
tion provided  by  law 


Nine  members  ap- 
pointed by   Governor 
and  nine  elected  by 
members  of  Society 


Five  Years 


Two   Years 


Seven  Years 


Appointed   by   Gov- 
ernor,   Secretary   of 
State,    and    Auditor 
of  State 


Appointed  by  the 
Executive   Council 


Ex  officio 


Ex  officio 


Ex  officio 


Ex  officio 


Ex  officio 


Ex  officio 


Ex  officio 


Ex  officio 


By    the    Executive 
Council   for   cause 


By  the  Governor 

for  cause 


By    the    Executive 
Council    for   cause 


*  The   State  Board   of  Veterinary   Medical  Examiners  which  this  commission  displaces 
was  removable  by   the   Executive   Council. 
^  Lawn  of  Iowa,   1909,  p.  72;    1913,  p.   152. 


44 


APPLIED  HISTORY 


Table  op  Public  Officlvls  in  Iowa  —  Continued 


COUNTY  OFFICIALS 

Name  of  Official 

Term  of  Office 

Manner  of 
Selection 

Manner  of  Removal 

Board    of 
Supervisors 

Three   Years 

Elected  by  the  people 

By   the  district  court  or 
judge    for    cause:'    by    the 

district    court    for    cause 
upon  charges  made  in  writ- 
ing   and    trial    thereunder- 

Attorney 

Two   Years 

Elected  by  the  people 

By   the   district  court  or 
judge    for    cause;'    by    the 

district    court    for    cause 
upon  charges  made  in  writ- 
ing  and   trial   thereunder 

Auditor 

Two   Years 

Elected  by  the  people 

By   the   district   court   for 

cause   upon    charges   made 

in    writing    and    trial 

thereunder 

Treasurer 

Two   Years 

Elected  by  the  people 

By  the   district   court  or 
judge    for    cause:'    by    the 

district    court    for    cause 
upon  charges  made  in  writ- 
ing   and    trial    thereunder 

Clerk  of  the 
District  Court 

Two  Years 

Elected  by  the  people 

By   the   district   court  for 

cause    upon    charges   made 

in    writing    and    trial 

thereunder 

Recorder 

Two  Years 

Elected  by  the  people 

Bv  the   district  court  for 

cause   upon    charges   made 

in    writing    and    trial 

thereunder 

Sheriff 

Two  Years 

Elected  by  the  people 

Bv   the  district   court  or 
judge    for   cause:    by    any 
magistrate    for    cause ;  ^    by 
the   district   court   for   cause 
upon  charges  made  in  writ- 
ing  and   trial   thereunder 

Coroner 

Two  Years 

Elected  by  the  people 

By   the   district   court   for 

cause    upon    charges    made 

in    writing    and    trial 

thereunder 

Engineer 

At  pleasure  of  Board 
of  Supervisors 

Appointed  by   Board 
of   Supervisors 

By  Board  of  Supervisors  or 

State  Highway  Commission  ; 

by    the    district    court    for 

cause    upon    charges    made 

in    writing    and    trial 

thereunder 

Superintendent  of 
Schools 

Three  Years 

Elected    by    conven- 
tion of  presidents  of 
school   boards 
in   county 

By    the    district    court    for 

cause    upon    charges   made 

in    writing   and    trial 

thereunder 

SELECTION  OF  PUBLIC  OFFICIALS 
Table  op  Public  Officials  in  Iowa  —  Continued 


45 


1 
Name  of  Official 

Tkrm  of  Office 

Manner  of 

Selection 

Manner  of  Removal 

Board  of  Trustees  of 
County   Hospitiil 

Six  Years 

Elected  by  the  people 

By    the    district    court    for 

cause   upon    charges    made 

in    writing   and   trial 

thereunder 

Board  of  Trustees  of 
County  High  School* 

Four  Years 

Elected  by  the  people 

and    one   member 

fx  officio 

By    the    district    court    for 

cause    upon    charges    made 

in    writing    and    trial 

thereunder 

Inspector  of  Lumber 
and    Shingles 

During  pleasure  of 
Board   of   Supervisors 

.\ppointed  by  Board 
of   Supervisors 

By   the   Board   of   Super- 
visors;    by    the    district 
court    for    cause    upon 
charges    in    writing    and 
trial    thereunder 

Sealer   of  Weights 
und  Measures 

During  pleasure  of 
Board   of    Supervisors 

Appointed  by   Board 
of   Supervisors 

By   the   Board   of    Super- 
visors'   by    the    district 
court    for    cause   upon 
charges    in    writing   and 
trial    thereunder 

Sheep  Inspector 

Two   Years 

Appointed   by   Board 
of    Supervisors 

By    the    district    court    for 

cause    upon    charges    in 

writing    and    trial 

thereunder 

Commission   of 
Insanity 

Two   Years 

Two   member^    ap- 
pointed  by    District 
Court  and  one  mem- 
ber ex  officio 

Board  of  Canvassers 

Two   Years 

Ex  officio 

Board  of  Review 

Two   Years 

Ex   officio 

Board    of   Education 

Two   Years 

Ex   officio 

Inspectors    of   Jails 

Two   Years 

Ex   officio 

^  Code  of  1S97.  Section  2446;  Laws  of  Iowa,   1909,  Chapter  78,   1911,  p.  43. 
-  All   county   officers,    elected    or   appointed,    may    be    removed    for    cause    by    the    district 
court  upon  charges  made  in  writing  and  trial   thereunder. —  Code  of  1897,  p.   443. 
3  Code  of  1S97.   Section  2428. 
*  In   Guthrie  County. 

TOWNSHIP   OFFICIALS 

Name  or  Official 

Teem  of  Office 

Manner  of 
Selection 

Manner  of  Removal 

Board  of  Trustees 

Two  Years 

Elected  by  the  peoph 

'     By    the    district    court    for 
cause    upon    charges    made 
in     writing    and    trial 
thereunder* 

46  APPLIED  HISTORY 

Table  of  Public  Opficlvls  in  Iowa  —  Continued 


Name  of  Official 


Assessor 


Clerk 


Constables 


Justices  of  the 
Peace 


Judges   of    Election 


Term  of  Office 


Two  Years 


Two  Years 


Two   Years 


Two   Years 


Board  of  Canvassers 


Overseers  of   Poor 


Fence  Viewers 


Board  of 
Equalization 


1  Code  of  1897,  p.   443. 

-Code  of  1897,   Section  2446. 

^  Lawn  of  Iowa,    1909,   Chapter    78. 

*Code  of  1897,  Section  2428. 


Manner  of 
Selection 


Elected  by  the  people 


Elected  by  the  people 


Elected  by  the  people 


Elected  by  the  people 


Manner  of  Removal 


By    the    district    court    for 
cause    upon    charges    made 
in  writing  and  trial  there- 
under;   by    the    district 
court  or  any  judge  for  cause- 


By    the    district    court   for 

cause    upon    charges    made 

in   writing   and   trial 

thereunder 


By    the    district    court    for 
cause    upon    charges    made 

in   writing    and   trial 

thereunder;    by    the    district 

court   or    judge   for    cause;' 

also    by    any    magistrate 

for  cause'' 


Ex   officio   and   ap- 
pointed   by    Board 
of    Supervisors 


Ex  officio 


Ex  ofBcio 


Ex  officio 


Ex  officio 


By    the    district    court    for 

cause    upon    charges    made 

in   writing   and   trial 

thereunder 


SCHOOL   OFFICIALS 


Name  of  Official 


Treasurer 


Term  of  Office 


One  Year 


Manner  of 

Selection 


Elected  by  the  people 

in  certain  independent 

districts — otherwise 

appointed   by  board 

of    directors 


Manner   of   Removal 


SELECTION  OF  PUBLIC  OFFICIALS 


Table  op  Public  Officials  in  Iowa  —  Continued 


Naue  or  Official 


Secretary 


Board   of   Directors 


Judges  of 
School  Elections 


Term  of  Office 


One  Year 


One  Year 


Manner  of 

Selection 


Appointed    by    board 
of  directors 


Elected  by  the  people 


Ex  officio,  and  in 

some   cases   judges 

appointed   by   board 

of  directors 


Makkeb  or  Removal 


municipal  officials 


Namk  of  Official 


Mayor 


Councilmen 


Assessor 


Treasurer 


Auditor' 


Engineer' 


Solicitor 


Police  Judge ' 


Judge  of   Superior 
Court' 


Hospital  Trustees' 


Park    Commissioners' 


River  Front  Improve 
raent   Commission  ' 


Board    of    Public 
Works ' 


Board  of  Water 
Works   Trustees ' 


Physician 


Term  of  Office 


Two   Years 


Two   Years 


Two   Years 


Two   Years 


Two   Years 


Two   Years 


Two   Years 


Two   Years 


Four  Years 


Six  Years 


Six  Years 


Six  Years 


Three   Years 


Six  Years 


Two   Years 


Manner  of 
Selection 


Elected  by  the  people 


Elected  by  the  people 


Elected  by  the  people - 


Elected  by  the  people - 


Elected  by  the  people' 


Selected  by  the  people- 


Elected  by  the  people^ 


Elected  by  the  people - 


Elected  by  the  people 


Elected  by  the  people - 


Elected  by  the  people 


Elected  by  the  people - 


Appointed  by  mayor 


Appointed  by  mayor 


Manner  of    Removal 


All  municipal  officers,  ap- 
pointed or  elected,  may  be 
removed  for  cause  by  the 
district  court  upon  charges 
made  in  writing  and  trial 
thereunder,  or  by  the  coun- 
cil for  cause;  while  all  ap- 
pointed officers  may  be  re- 
moved by  the  appointing 
agency  for  cause.  See  Code 
nf  1S97,  Sections  1251, 
1258,  2428,  2446:  Code 
Supijipmeiit  of  1907,  pp. 
114,  217;  Laws  of  Iowa, 
1909,    Chapter    78. 

Mayor  and  councilmen  may 
he  removed  by  the  recall  in 
commission-governed  cities ; 
mayor,  police  officer,  or  mar- 
shal by  the  district  court  or 
judge:  police  officer  or  mar- 
shal also  by  a  magistrate 
after  trial:  assessor  by  the 
district  court  or  any  judge 
after   trial. 

Any  officer  or  assistant  elect- 
ed or  appointed  by  the 
Council  in  commission-gov- 
erned cities  may  be  removed 
at  any  time  by  a  majority 
vote  of  the  Council,  except 
as  otherwise  provided. — 
Lawn  of  Iowa.    1909,   p.   57. 


Appointed  by  mayor- 


48  APPLIED  HISTORY 

Table  of  Public  Officials  in  Iowa  —  Continued 


Name  of  Official 

Term    op    Office 

Manner  of 
Selection 

Manner  of  Removal 

Street    Commissioner 

Two   Years 

Appointed  by  mayor 

or  board  of  public 

works ^ 

Marshal 

Two   Years 

Appointed  by  mayor  ^ 

Wharf-master^ 

Two   Years 

Appointed  by  mayor 

Superintendent  of 
Markets' 

Two   Years 

Appointed  by  mayor  ^ 

Harbor-master  1 

Two   Years 

Appointed  by  mayor  ^ 

Port  Wardens' 

Two  Years 

Appointed  by  mayor  ^ 

Board   of   Library 
Trustees 

Five   Years' 
Six  Years 

Appointed   by   mayor 

with   consent   of 

Council^ 

Board  of  Police  and 
Fire   Commissioners' 

Six  Years 

Appointed  by  mayor 

with   consent   of 

CounciP 

By    the   mayor   for   cause 

with    consent   of   majority 

of  Council 

Commission   of 
Public  Docks' 

Three  Years 

Appointed  by  mayor 

with  consent  of 

Council - 

Clerk 

Two   Years 

Appointed  by  the 
Council 

Civil  Service 
Commission' 

Six  Years 

Appointed  by  the 

Council  or 

ex   officio 

By  the  Council  for  cause 

Registry  Board 

Two  Years 

Appointed  by  the 
Council 

Judges  of  Election 

Ex   officio 

Board  of  Canvassers 

Ex  officio 

Board   of   Health 

Ex   officio 

Board  of  Reviev? 

Ex   officio 

'  In  cities  specified  by   statute. 

2  Appointed  by  the  Council  in  commission-governed   cities. 

3  Appointed  by  the  Council  in  cities  of  the  second  class  and  commissJon-governed  cities. 

Ill 

CRITICISM  OF  THE  METHODS  OF  SELECTING 
STATE  OFFICIALS  IN  IOWA 

The  popular  election  of  public  officers  lias  long  been 
advocated  as  a  cure  for  all  political  evils.  If  favoritism 
appears  in  the  choice  of  postmasters,  the  cry  is  for  elec- 
tive postmasters.  If  an  appointed  railroad  commission 
does  not  respond  to  public  opinion,  again  the  demand  is 
for  popular  election.  Nevertheless,  a  method  which  ap- 
pears perfect  in  theory  may  break  down  in  practice.  The 
ultimate  test  of  any  principle  or  policy  is  that  it  works  in 
actual  practice,  that  it  obtains  results ;  and  this  test  must 
be  applied  to  the  elective  principle. 

The  election  of  all  public  officers  by  the  people  seems, 
theoretically,  the  best  way  of  securing  popular  govern- 
ment ;  but  in  practice  it  may  become  so  burdensome  and 
so  complicated  through  the  multiplicity  of  elective  offices 
that  popular  government  becomes  "unpopular  govern- 
ment". There  may  be  so  many  offices  to  fill  that  the 
voters,  lost  in  a  maze,  are  obliged  to  content  themselves 
with  a  sham  democracy.  The  increase  of  elective  offices, 
the  creation  of  new  parties,  the  selection  of  candidates  at 
primary  elections,  and  the  frequency  of  elections  have 
combined  to  render  the  voter  helpless  while  the  govern- 
ment has  to  a  great  extent  drifted  into  the  control  of  men 
whom  a  recent  writer  terms  "politocrats"."^^ 

The  situation  in  Iowa  in  this  regard  is  not  exceptional. 
At  the  last  primary  election  it  was  reported  that  there 

A  49 


50  APPLIED  HISTORY 

were  nearly  700  candidates  for  State  offices  (including 
State    Senators,    State    Representatives,    and    District 
Judges),  3,700  for  county  offices,  and  11,710  for  township 
offices,  making  a  total  of  16,110  candidates.    On  the  aver- 
age each  voter  was  called  upon  to  select  nominees  for 
about  thirty  offices  from  perhaps  twice  as  many  candi- 
dates.   The  helplessness  of  the  ordinary  voter  confronted 
by  such  a  task  may  well  be  imagined.    While  the  small 
vote  cast  was  perhaps  largely  due  to  indifference,  lack  of 
time,  and  failure  to  realize  the  importance  of  the  primary, 
yet  a  great  factor  was  doubtless  the  unfamiliarity  of 
many  with  the  candidates.    Many  of  those  who  voted  cast 
their  ballots  blindly  or  at  the  instruction  of  volunteer 
advisers,  except  perhaps  for  the  most  important  offices. 
Moreover,  there  was  also  a  surprising  connection  between 
the  vote  and  candidates  whose  names  headed  the  tickets." 
It  is  not  only  at  the  primary,  however,  that  the  voter 
can  not  exercise  his  judgment.     At  the  general  election 
for  officers  he  is  confronted  by  a  ballot  which  contains 
from  four  to  five  tickets,  and  each  ticket  usually  provides 
candidates  for  the  same  number  of  offices  as  did  the  pri- 
mary.   With  so  many  tickets  and  so  many  offices  to  fill  it 
is  impossible  for  the  voter  to  become  informed  as  to  the 
qualifications  of  the  candidates.    The  average  man  is  too 
busy  making  a  living  to  pay  much  attention  to  politics : 
his  farm,  or  his  position,  or  his  business  needs  his  atten- 
tion; and  even  if  he  has  the  time  to  spare,  he  can  not 
obtain   impartial   information   concerning   any   but   the 
candidates  for  the  leading  offices.    He  is,  therefore,  forced 
to  do  one  of  three  things :  neglect  to  vote  for  the  so-called 
minor  officers,  or  follow  the  suggestions  of  "advisers", 
or  vote  blindly  for  the  candidates  on  his  party  ticket  who 
are  often  nominated  through  the  efforts  of  a  political 
machine  and  special  interests  allied  with  the  machine."^ ^ 


SELECTION  OF  PUBLIC  OFFICIALS  51 

Since  the  voters,  uninformed,  confused,  and  stirred  by 
prejudices,  or  misled  by  special  or<?anizations,  find  it  im- 
possible to  cast  an  intelli^^ent  ballot  at  either  the  primary 
or  the  general  election,  it  follows  that  the  officials  chosen 
are  not  always  the  best  qualified  for  the  office.  Too  often 
they  are  unfit,  or  members  of  a  political  machine,  or  even 
the  representatives  of  special  interests.  Men  who  have 
analyzed  the  situation  declare  that  the  people  by  too  much 
voting  have  disfranchised  themselves  and  that  the  gov- 
ernmental machine  is  accordingly  manned  by  officers  who 
are  in  reality  chosen  and  controlled  by  the  few. 

It  would  seem  that  the  appointive  system  in  Iowa 
might  be  improved.  A  General  Assembly  composed  of 
fifty  members  in  one  house  and  one  hundred  and  eight  in 
the  other  makes  a  very  unwieldy  body  for  the  considera- 
tion of  appointments.  In  a  Senate  of  so  many  members 
no  one  feels  much  responsibility  for  the  appointments 
made.  Nor  does  the  appointee  feel  any  responsibility  to 
the  legislators.  Then,  too,  since  the  members  are  usually 
interested  in  the  welfare  of  their  party,  the  positions 
filled  by  them  frequently  go  to  faithful  party  workers. 
Much  the  same  objection  holds  true  of  the  Executive 
Council  and  the  board  which  appoints  the  State  board  of 
health.  Where  responsibility  is  lost  politics  may  easily 
enter.  The  convention  of  presidents  of  school  boards  for 
the  selection  of  county  superintendent  may  also  be  criti- 
cised on  these  grounds.  Appointments  by  the  Governor 
and  the  Senate  are  open  to  the  criticism  that  the  division 
of  responsibility  weakens  any  sense  of  it.  If  the  Senate 
or  the  Executive  Council  takes  its  power  of  approval 
seriously,  it  may  compel  the  Governor  to  bargain  for  its 
consent  to  appointments  or  even  demand  the  selection  of 
unfit  men. 


52  APPLIED  HISTORY 

Another  objection  to  some  of  the  present  appointing- 
agencies  is  that  they  have  little  or  no  interest  in  the  duties 
to  be  performed  by  their  appointees  and  consequently 
they  select  officials  carelessly.  Thus  the  General  As- 
sembly is  little  concerned  about  the  work  of  the  State 
binder  or  the  State  printer  after  appointment;  and  the 
same  is  true  as  to  the  relations  between  the  Executive 
Council  and  the  board  of  examiners  of  mine  inspectors. 

The  great  number  of  appointing  agencies  is  also  un- 
fortunate. It  is  confusing  to  have  the  power  of  appoint- 
ment lodged  in  the  Governor,  the  Governor  and  the 
Senate,  the  Governor  and  the  Executive  Council,  the  Ex- 
ecutive Council,  the  General  Assembly,  and  several  other 
agencies.  It  is  almost  impossible  without  consulting  the 
statutes  to  determine  just  who  does  appoint  any  one  of- 
ficial, and  so  it  is  difficult  to  know  whom  to  hold  respon- 
sible for  appointments. 

Moreover,  the  scattering  of  appointive  power  is  likely 
to  create  friction  between  officials,  a  condition  which  em- 
phasizes the  decentralized  character  of  the  State's  ad- 
ministration. Lack  of  administrative  unity  is  due  to  the 
absence  of  any  uniform  plan  of  appointment  in  the  Gen- 
eral Assembly  when  it  created  the  various  appointive 
offices.  The  agricultural  interests  of  the  State  called  into, 
being  such  offices  as  the  board  of  agriculture,  the  com- 
mission of  animal  health,  and  the  director  of  weather  and 
crop  service.  Labor  organizations  procured  the  creation 
of  such  offices  as  State  mine  inspector,  board  of  examiners, 
for  mine  inspectors,  bureau  of  labor  statistics,  and  Iowa, 
industrial  commissioner.  The  awakening  of  the  people 
to  the  importance  of  public  health  and  safety  has  resulted 
in  the  organization  of  such  offices  as  the  State  board  of 
health,  State  dairy  and  food  commissioner,  State  fire 


SELECTION  OP  PUBLIC  OFFICIALS  53 

marshal,  State  inspector  of  boats,  and  State  registrar  of 
vital  statistics.  Groups  of  men,  realizing  that  incompe- 
tents and  ** quacks"  hurt  the  good  names  of  their  profes- 
sions, and  their  incomes  as  well,  have  persuaded  the 
legislature  to  create  boards  of  registration  for  the  va- 
rious professions.  The  development  of  business  and 
transportation  have  necessitated  such  supervisory  offices 
as  the  board  of  railroad  commissioners  and  commissioner 
of  insurance.  Increased  interest  in  education  has  led  to 
the  formation  of  such  boards  as  the  State  board  of  educa- 
tion, the  State  board  of  educational  examiners,  and  the 
library  commission. 

These  demands  for  governmental  aid,  for  govern- 
mental supervision,  for  governmental  control,  coming 
within  a  comparatively  short  period  of  years,  have  over- 
whelmed the  General  Assembly  and  prevented  the  work- 
ing out  of  a  definite,  well-ordered,  or  systematic  plan  of 
regulating  administrative  appointments.  Each  demand 
was  met  as  it  arose  before  the  General  Assembly,  with 
little  thought  of  the  relation  of  the  proposed  office  to 
those  already  created  —  the  result  being  that  the  various 
administrative  offices  are  practically  independent  of  each 
other.  Efficient,  harmonious,  unified,  responsible  admin- 
istration under  present  methods  of  appointment  is,  there- 
fore, impossible.  Even  if  the  Governor  had  the  power 
and  attempted  to  supervise  all  these  independent,  dis- 
connected, unaffiliated  offices  he  would  lose  himself  in 
details  and  fail  to  perform  the  duties  of  his  own  office. 
The  number  of  appointing  agencies  emphasizes  the  diffi- 
culty of  securing  responsible  administration.  Not  only 
has  the  Governor  no  control  over  administration  except 
by  means  of  the  party  bond,  but  effective  control  is  also 
lacking  on  the  part  of  the  legislature  and  the  people. 


54  APPLIED  HISTORY 

The  purposeless  diversity  in  the  form  of  administra- 
tive offices  seems  to  be  another  defect.  For  instance, 
there  is  no  apparent  reason  why  the  State  board  of  edu- 
cation should  not  be  similar  in  organization  to  the  board 
of  control.  However,  this  is  but  a  minor  fault  in  Iowa, 
since  the  rule  of  appointing  boards  and  commissions  for 
sub-legislative,  judicial,  and  advisory  work,  and  single 
officials  for  administrative  w^ork  is  fairly  well  observed. 

The  lack  of  coordination  and  the  number  of  unaffili- 
ated offices  leads  almost  inevitably  to  duplication  of  work 
or  overlapping  of  duties.  The  recent  conflict  of  authority 
between  the  secretary  of  the  State  board  of  health  and  the 
State  epidemiologist  is  an  example.  The  board  of  parole, 
if  not  actually  encroaching  upon  the  functions  of  the 
State  board  of  control,  is  at  least  doing  work  that  could 
be  performed  perhaps  as  well  by  the  latter. 

The  difference  in  the  terms  of  the  Governor  and  the 
officials  appointed  by  him  alone  or  with  the  approval  of 
other  officials  does  not  seem  wise.  This  is  especially  ob- 
jectionable in  the  case  of  boards  with  members  who  have 
overlapping  terms.  The  term  of  the  members  of  the 
board  of  control  is  fixed  at  six  years ;  since  the  Governor's 
term  is  only  two  years,  he  may  appoint  only  one  member 
during  his  term.  The  same  is  true  of  the  board  of  parole 
and  the  State  board  of  education.  Likewise  single  of- 
ficials are  appointed  for  longer  terms  than  that  of  the 
Governor  —  as  for  instance,  the  State  fire  marshal,  the 
State  mine  inspectors,  and  the  State  veterinary  surgeon. 
Thus  each  appointive  board  or  official  becomes  practically 
independent  of  the  Governor's  control,  making  definite 
State  policy  impossible. 

The  qualifications  fixed  for  some  offices  are  meaning- 
less, subject  to  various  interpretations,  or  even  of  a  char- 


SELECTION  OF  PUBLIC  OFFICIALS  55 

acter  which  liampers  the  free  exercise  of  judgment  on  the 
part  of  the  appointing  agency.  Thus  the  inspector  of 
bees  must  be  a  ''competent"  man.  As  late  as  1913  the 
General  Assembly  provided  that  the  State  Auditor  should 
appoint  ** suitable"  State  examiners  for  counties.  The 
Governor  must  also  choose  the  commissioners  of  phar- 
macy from  among  the  ''most  competent"  pharmacists  of 
the  State.  The  insurance  commissioner  is  to  be  selected 
"solely  with  regard  to  his  qualifications  and  fitness  to 
discharge  the  duties  of  his  office. ' '  The  State  fire  marshal 
must  be  "versed  in  causes  of  fires  and  improved  methods 
of  fire  prevention".  The  old  restriction  of  bi-partisan 
representation  on  boards,  on  the  theory  that  the  members 
of  one  party  will  watch  those  of  another  and  that  the 
"outs"  also  ought  to  have  some  offices,  still  lingers  with 
respect  to  the  board  of  control,  the  State  board  of  educa- 
tion, and  the  board  of  health.  That  the  Governor  is  also 
hampered  by  the  theory  that  the  different  parts  of  the 
State  ought  to  be  represented  on  a  board  is  seen  in  the 
fact  that  no  two  members  of  the  board  of  control  may  be 
from  the  same  congressional  district. 

So  far  as  ex  officio  offices  are  concerned  several  rea- 
sons for  their  creation  have  been  suggested.  The  chief 
objection  to  this  method  of  filling  any  office  is  that  the 
official  is  too  busy  with  the  duties  of  his  own  office  or  lacks 
the  inclination  to  give  much  attention  to  the  duties  con- 
nected with  the  ex  officio  office.  Furthermore,  it  is  not 
always  true  that  the  work  of  such  an  official  is  of  such 
a  character  as  to  adapt  him  for  the  duties  of  the  ex  officio 
office.  For  these  reasons  the  results  obtained  from  this 
method  of  selecting  officials  are  not  always  satisfactory. 


IV 

PROPOSED  CHANGES  IN  THE  METHODS  OF 
SELECTING  PUBLIC  OFFICIALS 

The  question  of  the  relation  among  the  departments  of 
State  government  as  well  as  the  problem  of  their  organ- 
ization has  repeatedly  challenged  public  attention  in 
recent  years.  To-day  many  forces  and  agencies  are  at 
work  attempting  to  bring  some  order  out  of  the  general 
chaos.  The  problem  of  how  to  select  public  officials  in 
order  to  secure  the  greatest  degree  of  efficiency  and  re- 
sponsibility finds  an  important  place  in  the  plans  which 
have  already  been  put  forward  for  the  reorganization  of 
both  the  legislative  and  the  executive  branches  of  State 
government. 

STATE  OFFICIALS 

Governor  Hodges  of  Kansas  has  for  some  time  been 
an  ardent  champion  of  a  single-chamber  State  legislature 
to  consist  of  one  or  two  members  elected  from  each  con- 
gressional district  for  four  or  six  years.  He  proposes 
that  such  a  commission  or  Legislative  Assembly  shall 
meet  under  the  presidency  of  the  Governor  whenever  the 
*' exigencies  of  the  public  business"  may  require.'^'^  Gov- 
ernor O'Neal  of  Alabama  would  retain  the  bicameral 
legislature  but  reduce  the  number  of  legislators,  abolish 
county  representation,  and  elect  some  members  at  large 
and  others  from  districts  created  on  a  population  basis.^*^ 

The  People 's  Power  League  of  Oregon  has  prepared  a 
plan  which  calls  for  the  abolition  of  the  State  Senate  and 

56 


SELECTION  OP  PUBLIC  OFFICIALS  57 

the  creation  of  a  legislative  body  to  consist  of  sixty  elec- 
tive members,  each  legislative  district  having  at  least  two 
members  chosen  by  some  method  of  proportional  repre- 
sentation. The  Governor  and  the  defeated  candidates  for 
that  office  who  represent  parties  which  were  entitled  to 
recognition  as  such  at  the  preceding  election  are  also  to 
be  members  of  the  legislature.^^ 

It  is  the  need  of  reorganizing  the  State  executive  de- 
partment, however,  that  has  been  emphasized  in  recent 
investigations.  Most  of  the  suggested  changes  are  based 
on  two  objections  to  the  present  method  of  selecting  exec- 
utive and  administrative  officers :  first,  the  people  attempt 
to  elect  too  many  officers,  and  secondly,  appointments  are 
unsystematic  and  without  central  control  or  responsi- 
bility. Accordingly,  plans  for  the  reorganization  of  State 
administration  are  modeled  on  the  federal  plan.  Under 
such  a  system  an  elective  Governor  will  assume  the  re- 
sponsibility for  the  administration  of  legislative  policies, 
and  will  select  and  keep  as  his  aids  men  who  are  not  out 
of  touch  with  his  policy.  In  the  absence  of  guaranties  of 
effective  and  harmonious  administration  it  is  urged  that 
some  scheme  ought  to  be  put  into  operation  to  secure 
responsible  government  under  the  supervision  of  the 
Governor. 

The  efficiency  engineers  who  recently  investigated  the 
State  administration  of  Iowa  recommend  that  the  Gov- 
ernor, Secretary  of  State,  State  Treasurer,  State  Audi- 
tor, and  Attorney  General  be  continued  as  elective  officers. 
They  would  abolish  the  Executive  Council  and  group 
practically  all  the  other  administrative  officers  under 
seven  departments  with  a  Director  General  at  the  head  of 
each.  The  Governor,  as  the  leading  Director  General,  is 
to  appoint  the  other  six  with  the  consent  of  the  Senate. 


58  APPLIED  HISTORY 

The  proposed  plan  also  provides  for  the  appointment, 
presumably  by  the  Governor  and  the  Senate,  of  a  State 
printer  and  binder,  a  State  purchasing  agent,  a  civil  ser- 
vice commission,  and  on  account  of  the  overlapping  of 
duties  lodges  the  duties  of  the  board  of  parole  with  the 
board  of  control.  Furthermore,  all  executive  officials  ex- 
cept the  five  constitutional  officers  and  the  heads  of  the 
departments  are  to  be  appointed  after  merit  tests  by  the 
civil  service  commission.^^ 

The  Joint  Committee  on  Eetrenchment  and  Kef  orm  of 
the  General  Assembly  considered  the  report  of  the  ef- 
ficiency engineers  above  outlined  and  published  the  re- 
sults of  its  deliberations  on  November  12,  1914.  They 
suggest  the  appointment  of  the  Attorney  General  by  the 
Governor  and  the  continued  election  of  the  other  three 
constitutional  officers.  All  other  public  offices  are  to  be 
grouped  under  three  departments  with  heads  appointed 
by  the  Governor.  The  committee  omits  further  reference 
to  the  method  of  selecting  officials  in  Iowa. 

An  efficiency  commission  of  thirty  members  appointed 
by  the  Governor  of  Minnesota  made  a  similar  investiga- 
tion of  the  administration  in  that  State.  The  plan  pro- 
posed, favors  the  grouping  of  related  administrative 
officers  in  departments  so  as  to  avoid  constitutional 
changes  as  to  method  of  selection.  The  Governor,  Lieu-, 
tenant  Governor,  Secretary  of  State,  Auditor,  and  Treas- 
urer are  continued  as  elective  officials ;  a  tax  commission, 
a  board  of  education,  and  a  board  of  regents  are  to  be 
appointed  by  the  Governor,  and  an  unpaid  civil  service 
commission  of  three  members  is  to  be  selected  by  the  Gov- 
ernor and  the  Senate.  Practically  all  the  rest  of  the  ad- 
ministrative work  is  to  be  divided  among  six  departments, 
each  under  a  director,  who  is  to  appoint  the  heads  of 


SELECTION  OF  PUBLIC  OFFICIALS  59 

divisions  or  bureaus  under  him;  while  all  other  public 
officials  and  employees  are  to  be  chosen  under  civil  service 
rules.*'^ 

The  Oregon  plan  provides  for  the  election  of  a  Gov- 
ernor and  a  State  Auditor  for  terms  of  four  years,  and 
requires  the  Governor  to  appoint  the  Attorney  General, 
Secretary  of  State,  State  Treasurer,  as  well  as  a  State 
printer,  superintendent  of  public  instruction,  secretary 
of  labor,  and  State  business  manager  —  all  to  hold  office 
during  the  Governor's  pleasure  and  with  such  officials  as 
may  be  provided  by  law  to  make  up  the  Governor's  cab- 
inet. Furthermore,  the  Governor  shall  take  over  the 
control  of  the  organization  and  management  of  all  State 
business.  State  institutions,  and  public  functions  gov- 
erned or  managed  either  wholly  or  in  part  by  boards  or 
commissions,  although  he  may  continue  such  boards  and 
commissions.  The  Governor  shall  appoint  the  State  man- 
ager from  any  part  of  the  country,  but  he  alone  shall  be 
responsible  to  the  people  for  results.^-* 

Another  plan  provides  for  a  Governor  elected  for  a 
comparatively  long  term  and  ''subject  to  recall  under 
certain  defined  conditions",  and  also  provides  for  an 
Executive  Council  patterned  after  the  President's  cab- 
inet. The  members  of  this  council  appointed  by  the  Gov- 
ernor would  be  a  Controller,  Attorney  General,  Secretary 
of  State,  Commissioner  of  Public  Works,  ''and  the  like" 
—  all  subject  to  removal  by  the  Governor  —  while  their 
subordinates  would  be  chosen  after  civil  service  exam- 
inations.*^ 

Feeling  their  incompetence  to  criticise  the  judicial 
system  of  Iowa  or  the  methods  of  selecting  judges,  the 
efficiency  engineers  who  investigated  the  State  govern- 
ment referred  to  the  proposal  of  an  eminent  legal  scholar. 


60  APPLIED  HISTORY 

This  plan,  patterned  after  the  English  system,  calls  for 
but  one  court  to  consist  of  an  elective  chief  justice  and 
associate  justices  appointed  by  the  chief  justice  or  by  the 
chief  justice  and  the  Senate  for  life.  This  court  would 
consist  of  as  many  divisions  as  seem  necessary  to  carry 
on  the  judicial  work  of  the  whole  State,  thus  displacing 
the  present  Supreme  Court,  the  district  and  the  superior 
courts,  and  the  justice  of  the  peace  courts.^*^ 

An  appointive  judiciary  has  also  been  recommended. 
In  New  York  it  is  said  that  though  elective  judges  are 
supposed  to  be  in  accord  with  the  spirit  of  the  times  they 
are  in  fact  rather  ' '  in  accord  with  the  sentiment  of  polit- 
ical bosses  and  the  reactionary  powers  behind  them",  and 
hence  it  is  suggested  that  to  ''inject  an  element  of  con- 
spicuous responsibility  into  the  making  of  judicial  nomi- 
nations" the  Governor  shall  recommend  candidates  to  the 
people.    Those  dissatisfied  with  the  recommendations  of 
the  Governor  may  file  a  petition  of  counter-nominations. 
All  nominations  are  then  to  go  on  the  ballot  without 
party  label,  though  the  candidates  of  the  Governor  will  be 
indicated  as  being  "Recommended  by  the  Governor". 
The  theory  back  of  the  plan  is  that  the  nominations  of  the 
Governor  will  be  so  satisfactory  as  to  bring  forth  no  op- 
posing candidates.    In  practice,  then,  it  will  provide  an 
appointive  judiciary,  subject  to  popular  confirmation  or 
"  substitution  ".«' 

COUNTY  OFFICIALS 

To-day  the  county,  as  an  organization  which  collects 
and  expends  thousands  of  dollars  yearly,  should  be  man- 
aged as  a  business  corporation  by  a  few  men  who  have 
time  and  talent  for  the  job,  selected  according  to  short 
ballot  principles.'^ «     It  was  to  secure  efficient  business 


SELECTION  OF  PUBLIC  OFFICIALS  61 

management  in  the  counties  of  Iowa  that  Governor  Clarke 
in  1913  favored  the  creation  of  the  office  of  County  Man-  • 
ager,  and  that  a  bill  was  introduced  into  the  State  Senate 
to  provide  for  a  board  of  three  county  supervisors,  elected 
at  large  for  a  term  of  four  years,  who  were  to  devote  their 
entire  time  to  the  affairs  of  the  county.  The  bill,  however, 
failed  to  become  law.*^ 

California  was  a  pioneer  in  extending  the  right  of 
limited  home  rule  to  counties.  By  the  terms  of  a  consti- 
tutional amendment  adopted  in  1910  the  people  of  a  coun- 
ty may  by  a  majority  vote  decide  in  favor  of  the  short 
ballot  principle  in  county  government.  Los  Angeles 
County  was  the  first  to  take  advantage  of  the  law.  Its 
home  rule  charter  provides  for  a  board  of  five  super- 
visors, a  sheriff,  a  district  attorney,  and  an  assessor  —  all 
elected  for  four-year  terms.  By  a  system  of  rotation, 
however,  not  more  than  three  officers  are  elected  at  any 
one  election.  Except  that  positions  in  the  classified  ser- 
vice shall  be  filled  according  to  civil  service  rules,  the 
board  of  supervisors  as  the  responsible  governing  body 
of  the  county  has  the  power  to  appoint  an  auditor,  board 
of  education,  board  of  law  library  trustees,  civil  service 
commission,  coroner,  county  clerk,  county  counsel,  fish 
and  game  warden,  health  officer,  horticultural  commis- 
sioner, live  stock  inspector,  probation  committee,  pro- 
bation officer,  public  administrator,  public  defender, 
purchasing  agent,  recorder,  registrar  of  voters,  road  com- 
missioner, superintendent  of  charities,  superintendent  of 
schools,  surveyor,  tax  collector,  and  treasurer.  Officials 
later  provided  by  law  are  also  to  be  appointive.  More- 
over, all  county  officials,  elective  or  appointive,  are  sub- 
ject to  the  recall.'*^ 

A  somewhat  different  proposal  calls  for  three  super- 


62  APPLIED  HISTORY 

visors  elected  at  large,  a  county  judge,  and  a  district 
attorney.  The  board  of  supervisors  shall  appoint  a 
county  manager  who  shall  in  turn  appoint  the  sheriff, 
county  clerk,  county  treasurer,  superintendent  of  the 
poor,  and  a  medical  examiner.  The  Oregon  plan  is  the 
same  except  for  the  requirement  that  the  Governor  shall 
appoint  the  sheriff  and  the  district  attorney  in  each  coun- 

ty.^^ 

The  Municipal  Association  of  Cleveland  favors  the 
appointment  of  the  clerks  of  courts  and  the  sheriffs  by 
the  courts.  In  order  to  shorten  the  ballot  and  increase 
the  dignity  and  importance  of  the  county  board  it  would 
have  the  board  appoint  the  county  treasurer,  recorder, 
and  surveyor,  and  transfer  the  necessary  duties  of  the 
coroner's  office  to  the  sheriff.  This  plan  would  leave  a 
ballot  of  five  names :  three  commissioners,  an  auditor,  and 
a  prosecuting  attorney.^^  Another  plan  provides  for  the 
appointment  of  a  clerk,  recorder,  coroner,  county  super- 
intendent of  schools,  and  assessor  by  the  president  of  the 
county  board  from  the  civil  service  list.  The  treasurer 
and  the  State's  attorney  are  to  be  appointed  by  the  presi- 
dent of  the  county  board  alone  or  with  the  consent  of  the 
other  board  members.  With  a  greater  centralization  of 
the  judiciary,  however,  the  appointment  of  the  State's 
attorney  by  the  Attorney  General  is  deemed  better  still.''-^ 

Another  short  ballot  plan  is  based  on  the  distinction 
between  the  State  and  the  purely  local  functions  of  the 
county.  Thus  the  Governor  would  appoint  district 
judges,  who  in  turn  would  appoint  the  clerks  for  their 
respective  courts.  The  Attorney  General  would  select 
the  sheriff  and  the  county  attorney,  while  the  coroner 
would  become  a  medical  subordinate  in  the  county  attor- 
ney's office.    As  officers  for  local  functions  there  would  be 


SELECTION  OF  PUBLIC  OFFICIALS  63 

a  county  manager  appointed  by  the  board  of  supervisors ; 
and  since  the  voters  generally  take  little  interest  in  the 
county  board,  the  members  should  be  appointed  by  the 
town  governments  or  perhaps  made  up^  of  the  mayors  in 
the  county.  All  other  county  officers  would  obtain  their 
positions  on  a  civil  service  examination  basis.**^ 

TOWNSHIP  OFFICIALS 

On  account  of  the  seeming  unimportance  of  township 
government  little  attention  has  been  given  it.  The  ex- 
cessive number  of  elective  township  officers  compared  to 
the  size  of  the  political  area  has  been  pointed  out:  the 
number  could  be  well  reduced  in  the  interest  of  economy 
and  efficiency.  Others,  however,  believe  that  the  length 
of  the  ballot  is  not  in  itself  a  serious  obstacle  to  popular 
government  in  small  communities  since  the  voters,  as  a 
rule,  are  acquainted  with  the  candidates.  Still  other  short 
ballot  advocates  suggest  that  only  township  trustees 
should  be  elected.'^^ 

MUNICIPAL  OFFICIALS 

The  need  of  reform  in  municipal  government  ap- 
peared at  an  earlier  date  than  in  other  areas  of  local 
government.  The  short  ballot  principle  of  the  federal 
plan  of  city  government  has  proven  popular.  The  com- 
mission plan  method  of  selecting  city  officials  has  spread 
throughout  the  nation.  Another  scheme  much  favored  at 
the  present  time  is  the  so-called  city  manager  plan  — 
already  adopted  by  a  dozen  or  more  American  cities.  The" 
city  council  elected  at  large  appoints  or  hires  the  city 
manager,  who  then  directs  all  city  departments  except  the 
schools  and  the  courts.  A  single-headed  administration 
is  thus  established  instead  of  the  five-  or  three-headed 
system  of  the  commission  plan.^*' 


64  APPLIED  HISTORY 

Three  Iowa  municipalities  have  recently  adopted  a 
modified  form  of  the  city  manager  plan.  At  Clarinda  and 
Chariton  the  council  selected  a  city  clerk  and  delegated  to 
him  the  business  of  directing  the  administration  of  munic- 
ipal affairs.  At  Iowa  Falls  the  office  of  street  commis- 
sioner was  abolished  and  its  duties  assigned  to  the  city 
clerk  who  was  also  given  the  power  to  purchase  all  sup- 
plies for  the  city  and  superintend  the  city  water-works.**^ 


STANDARDS  OF  REFORM  IN  THE  SELECTION  OF 

PUBLIC  OFFICIALS 

The  reasoning  of  students  who  assert  that  democracy  and 
efficiency  are  incompatible  and  that  the  people  can  not 
have  both  is  fallacious.  Democracy  means  government  by 
and  for  the  people.  A  government  is  not  by  the  people  if 
voters  blindly  follow  the  advice  of  others  in  casting  their 
ballots  at  elections  or  if  they  are  disappointed  in  the 
officials  selected.  A  government  is  not  for  the  people  if 
public  officials  make  and  enforce  unpopular  laws.  It  is 
but  a  sham  democracy  if  inefficiency  and  corruption  exist 
in  connection  with  the  building  of  bridges  and  public 
buildings;  it  is  "unpopular"  government  if  laws  regu- 
lating railroads  are  not  enforced  or  if  they  are  enforced 
so  as  to  favor  the  railroads.  Government  is  democratic 
so  long  as  the  people  cast  their  own  ballots  and  choose 
their  own  officials :  it  is  democratic  and  efficient  when  the 
people  control  all  their  officials  in  such  a  way  as  to  obtain 
the  best  public  service. 

Accordingly,  reforms  which  aim  to  simplify  the  ma- 
chinery of  government  so  that  the  people  may  hold  their 
public  servants  responsible  are  steps  toward  a  real 
democracy.  Any  change  which  will  make  it  possible  to 
obtain  the  expression  of  the  popular  will  and  cause  public 
officials  to  become  more  sensitive  to  public  opinion  is  in 
accord  with  democratic  principles. 

c  65 


66  APPLIED  HISTORY 

THE   SHORT   BALLOT 

There  can  be  no  doubt  but  that  on  primary  and  elec- 
tion days  the  average  voter  in  Iowa  is  overwhelmed  by 
the  hopelessness  of  casting  an  intelligent  ballot.  The  only 
reasonable  escape  from  such  a  situation  is  to  remove  a 
large  number  of  minor  officers  from  the  ballot.  This 
would  lift  a  tremendous  burden  from  the  voter's  shoul- 
ders and  also  emphasize  the  importance  of  the  offices 
which  remain  elective.  Furthermore,  the  terms  of  public 
officials  should  be  lengthened  so  that  elections  will  occur 
less  frequently.  Inasmuch  as  the  chief  objection  against 
the  primary  election  for  the  nomination  of  candidates  is 
the  cumbersome  ballot,  the  adoption  of  the  short-ballot 
principle  would  relieve  the  voter  at  the  primary  as  well  as 
at  the  election.  It  would  also  make  a  system  of  second- 
choice  voting  possible.  Such  is  the  short  ballot  plan 
which  is  now  being  advocated  with  such  vigor  throughout 
the  country.  In  this  connection  the  words  of  President 
Wilson  may  well  be  quoted : 

We  have  given  the  people  something  so  vast  and  complicated 
to  do  in  asking  them  to  select  all  the  officers  of  government  that 
they  cannot  do  it.  It  must  be  done  for  them  by  professionals. 
.  .  .  The  essential  thing  is  that  his  [the  voter's]  task  should 
be  comprehensible  and  manageable,  that  the  men  he  is  called 
upon  to  vote  for  should  be  so  few  that  he  can  select  them  for  him- 
self or  at  least  easily  judge  the  action  of  those  who  do  select 
them.  .  .  .  We  have  been  mistaken, —  this  is  the  long  and 
short  of  the  matter, —  in  supposing  that  we  were  giving  the  peo- 
ple control  of  their  governments  by  making  all  offices  elective. 
We  actually,  as  a  matter  of  fact  and  of  experience,  put  them  in 
control  only  when  we  make  only  the  chief,  the  really  responsible 
offices  elective,  allow  those  whom  we  elect  to  appoint  all  minor  of- 
ficials, all  executive  agents,  and  hold  them  strictly  responsible  as 
the  superintendents  of  our  business.     .     .     .     The  short  ballot  is 


SELECTION  OF  PUBLIC  OFFICIALS  67 

the  short  and  open  way  l)y  which  we  can  return  to  representative 
government."*^ 

Advocates  of  the  short  ballot  are  agreed  that  the  so- 
called  policy-determining  officials  of  the  State  —  the  Gov- 
ernor and  the  members  of  the  General  Assembly  —  should 
continue  to  be  popularly  nominated  and  elected  since  in 
no  other  way  can  there  be  effective  popular  control.  The 
Governor,  on  account  of  his  influence  in  legislation  and  as 
the  responsible  head  of  the  administration,  should  be  elec- 
tive for  a  term  of  at  least  two  years.  For  consultative 
purposes  he  should  have  a  cabinet  consisting  of  the  heads 
of  departments  who  would  take  the  place  of  the  present 
Executive  Council.  The  General  Assembly,  however,  is  a 
needlessly  large  body.  Since  the  theory  of  class  interests 
and  divisions  on  which  the  two-house  legislative  system 
was  originally  based  does  not  obtain  in  Iowa,  it  is  believed 
that  the  Senate  might  be  abolished  and  the  House  of  Rep- 
resentatives continued  as  the  legislature  with  a  member- 
ship of  about  fifty  elected  for  the  same  term  as  the 
Governor. 

As  the  Lieutenant-Governor  is  seldom  called  upon  to 
serve  as  Governor,  his  office  might  well  be  abolished.  The 
principal  duty  of  the  Lieutenant-Governor  is  to  preside 
over  the  Senate :  his  extensive  powers  as  such  not  infre- 
quently permit  him  to  control  the  Senate.  The  appoint- 
ment of  an  officer  by  the  Senate,  therefore,  would  be  more 
apt  to  give  expression  to  the  will  of  that  body. 

Other  elective  State  officers,  since  they  do  not  hold 
policy-determining  offices,  should  be  appointed  by  the 
Governor  —  especially  since  the  elective  principle  in  the 
case  of  these  minor  offices  has  seldom  worked  well  in 
practice.  In  Iowa  a  good  beginning  has  already  been 
made  by  removing  the  Superintendent  of  Public  Instruc- 


eS  APPLIED  HISTORY 

tion,  the  Supreme  Court  Clerk,  and  the  Supreme  Court 
Reporter  from  the  ballot.  Of  the  large  number  of  State 
officials  now  appointed  in  different  ways,  many  should  be 
appointed  by  the  Governor;  while  their  subordinates 
might  well  be  required  to  compete  on  a  civil  service  basis. 
(For  the  grouping  and  selection  of  State  officials  accord- 
ing to  plans  already  proposed  see  Mr.  Horack's  paper  on 
Reorganization  of  State  Government  in  Iowa  which  ap- 
pears in  this  series.) 

The  present  method  of  nominating  and  electing  judges 
does  not  particularly  commend  itself.  The  voters  still 
ballot  on  judges  as  partisans,"^  or  else  they  have  no  way 
to  determine  the  qualifications  of  the  various  candidates. 
While  appointment  by  the  Governor  would  no  doubt  be 
preferable,  this  method  of  selecting  judges  is  not  very 
likely  to  be  adopted  so  long  as  the  judges  retain  their 
political  power.  Some  plan  of  nominating  judicial  candi- 
dates by  convention,  followed  by  popular  election,  would 
seem  to  be  a  better  method  than  the  one  which  obtains  at 
present.  The  plan  of  empowering  the  Governor  to  recom- 
mend candidates  for  election  as  described  above  (p.  60) 
would  probably  yield  even  better  results. 

County  government  in  Iowa  has  been  a  fertile  field  for 
the  operation  of  political  rings :  its  offices  have  too  often 
been  handed  around  by  a  clique  of  politicians,  with  the 
result  that  the  officials  elected  are  not  always  fitted  to  do 
their  work.  As  in  the  State  administration  so  in  the 
county,  there  is  no  official  with  real  supervisory  power 
over  the  public  business.  In  the  first  place  there  should 
be  a  distinction  between  functions  performed  by  the  coun- 
ty for  the  State  and  purely  local  functions  performed  for 
the  people  of  the  county.  The  administration  of  justice 
in  the  county  should,  to  a  large  extent,  be  brought  under 


SELP]CT10N  OP  PUBLIC  OFFICIALS  60 

direct  State  control;  the  clerk  of  the  district  court  should 
be  appointed  by  the  district  judge ;  county  attorneys  and 
sheriffs  should  be  appointed  by  the  Attorney  General; 
and  the  office  of  coroner  should  be  abolished  and  its  duties 
transferred  to  the  county  attorney,  who  should  have 
authority  to  employ  a  physician  to  make  the  necessary 
medical  examinations.  Moreover,  it  would  be  well  to  do 
away  with  the  present  cumbersome  method  of  appointing 
the  superintendent  of  schools  and  give  the  power  to  the 
State  Superintendent  of  Public  Instruction.^"*^ 

Either  of  two  short  ballot  plans  may  be  adopted  for 
the  organization  of  county  government  for  the  adminis- 
tration of  local  affairs.  Provision  may  be  made  for  a 
board  of  supervisors  of  three  members  elected  for  six 
years,  one  to  go  out  of  office  every  second  year.  This 
board  shall  devote  all  its  time  to  county  affairs,  with 
supervisory  power  over  county  officers  of  its  own  choos- 
ing, or  it  may  remain  a  non-professional  board  with  a 
county  manager  to  be  responsible  for  the  affairs  of  the 
county.  Under  the  latter  plan  the  supervisors  would  ap- 
point the  county  manager  from  any  part  of  the  country 
to  hold  office  during  their  pleasure,  and  the  county  man- 
ager would  select  the  other  county  officials.  In  either  case 
the  merit  system  might  be  adopted  to  secure  desirable 
candidates  for  appointive  offices. 

It  has  always  been  difficult  to  get  men  to  accept  certain 
township  offices.  That  this  is  frankly  admitted  may  be 
seen  in  the  statutory  provision  that  any  man  is  subject  to 
a  fine  for  refusing  a  township  office  unless  he  has  just 
completed  a  term.  It  would  seem  better,  therefore,  to 
provide  for  the  election  of  the  assessor  and  the  board  of 
trustees,  giving  the  trustees  power  to  appoint  the  other 
township  officers. 


70  APPLIED  HISTORY 

Iowa  has  already  met  the  demand  of  municipalities 
for  commission  government;  and  it  seems  advisable  to 
give  cities  legal  authority  to  adopt  the  city  manager  plan 
which  is  being  put  into  operation  in  a  modified  way  al- 
ready under  present  laws.  If  a  rigid  statute  should  be 
enacted,  it  would  seem  that  the  Dayton  plan  is  simple  and 
adaptable  to  a  municipality  of  any  size.  However,  the 
provision  for  the  recall  of  the  city  manager  seems  unwise. 

CIVIL  SERVICE  REFORM 

The  merit  system  is  being  tardily  introduced  into 
American  States  as  a  modified  form  of  the  appointive  sys- 
tem, providing,  as  it  generally  does,  for  the  appointment 
of  persons  to  public  positions  after  an  examination  of 
some  sort.  This  method  of  selecting  public  employees 
might  well  be  extended  to  include  many  public  officials. 
It  certainly  commends  itself  to  any  one  who  is  acquainted 
with  the  time-worn  method  known  in  American  history 
as  the  spoils  system.  (For  a  discussion  of  civil  service 
reform  see  Mr.  Van  der  Zee's  paper  on  The  Merit  System 
in  Iowa  which  appears  in  this  series.) 

Civil  service  reform,  however,  should  not  stop  at  the 
establishment  of  the  merit  system  in  State  government : 
its  principles  are  just  as  applicable  to  county  and  munic- 
ipal government.  This  reform  has  in  fact  been  given  a 
more  widespread  application  in  city  services  than  in  State 
services,  and  many  counties  in  New  York  and  New  Jersey 
regulate  appointments  to  office  according  to  the  State  law, 
the  State  civil  service  commission  appointed  by  the  Gov- 
ernor in  each  Commonwealth  regulating  the  administra- 
tion of  local  commissions  in  cities  and  counties.  In 
Massachusetts,  where  the  law  is  mandatory  upon  all 
cities,  as  is  the  case  also  in  Ohio,  there  is  only  one  civil 


SELECTION  OP  PUBLIC  OFFICIALS  71 

service  commission,  appointed  by  the  Oovernor,  exer- 
cising direct  jurisdiction  in  city  and  State  services.  In 
Colorado  and  New  Jersey  municipalities  may  adopt  the 
merit  system  by  popular  vote.  The  progress  of  civil 
service  reform  in  municipal  government  has  been  so  rapid 
that  in  1913  over  two  hundred  cities  administered  affairs 
under  civil  service  rules,  most  of  them  regulating  the 
entire  city  service  in  this  way  and  others  limiting  the 
merit  system  of  appointment  to  particular  departments, 
notably  the  police  and  fire  departments. ^^'^ 

Whether  the  State  civil  service  commission  should 
take  charge  of  examinations  for  positions  in  counties  and 
municipalities  may  well  be  questioned.  Perhaps  it  would 
be  better  to  leave  this  matter  to  a  commission  appointed 
by  the  supervisors  for  the  county  and  a  commission  se- 
lected by  the  city  council  for  the  city.  In  both  units  of 
local  government,  however,  the  same  system  of  selecting 
many  public  officials  as  well  as  other  features  of  civil 
service  reform  might  well  be  introduced.  Thus  would  the 
voter  in  State,  county,  and  city  elections  be  relieved  of  an 
unpleasant  and  at  all  times  difficult  duty. 

CONCLUSION 

The  methods  of  selecting  public  officials  as  above  advo- 
cated are  believed  to  be  in  harmony  with  the  various 
schemes  of  reorganization  of  State  government,  all  of 
which  aim  to  give  the  Governor  control  over  administra- 
tive policies  and  to  reduce  the  size  of  the  legislature. 
Many  of  the  proposed  changes  call  for  amendments  to  the 
Constitution.  Since  the  people  act  but  slowly  when  called 
upon  to  alter  their  form  of  government  they  will  accept 
suggested  changes  only  gradually.  But  much  may  be 
accomplished  by  the  General  Assembly  without  constitu- 


72  APPLIED  HISTORY 

tional  amendment.  County  government  deserves  imme- 
diate attention.  The  short  ballot  principle  should  be 
applied  to  as  many  offices  as  possible.  Appointments  to 
man}^  offices  which  are  now  appointive  or  elective  can  be 
placed  upon  a  merit  system  provided  by  law.  It  is  by 
adopting  such  measures  as  these  that  the  State  of  Iowa 
can  secure  greater  efficiency  and  more  real  democracy 
than  now  prevails  in  the  administration  of  State  and  local 
affairs. 


NOTES  AND  REFERENCES 


73 


NOTES  AND  REFERENCES 

1  For    some    recent    editorial    comments    on    primary    elections    see    The 
Eegister  and  Leader  (Des  Moines),  Vol.  LXV,  May  30  and  June  6,  1914. 

2  See  Mr.   Horack's   paper   on   Primary  Elections  in  Iowa   in  Applied 
History,  Vol.  I,  pp.  275-300;  Laws  of  Iowa,  1913,  pp.  91,  92. 

3  Constitution  of  Iowa,  Art.  Ill,  Sees.  3-6,  34^36. 
*  Constitution  of  Iowa,  Art.  IV. 

6  Laws  of  Iowa,  1878,  p.  67 ;  1888,  p.  50. 

fl  Shambaugh  's  Debates  of  the  Constitutional  Conventions  of  1844  and 
1846,  pp.  103-107;  Constitution  of  Iowa  (1846),  Art.  V,  Sees.  3,  4. 

7  Constitution  of  Iowa,  Art.  V,  Sees.  3,  5;  Laws  of  Iowa,  1913,  pp.  26,  27. 

8  Code  of  1897,  Sec.  2469. 

oLaws  of  Iowa,  1888,  p.  113. 

10  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  35,  and  1845-1846,  p.  24; 
Laws  of  Iowa,  1866,  pp.  81,  82;  1913,  p.  93. 

11  Laws  of  Iowa,  1884,  p.  175;  Code  Supplement  of  1907,  Sees.  311,  311-a. 

12  Laws  of  Iowa,  1886,  p.  168. 

13  Laws  of  Iowa,  1898,  p.  62, 

14  Laws  of  Iowa,  1907,  p.  194. 

15  Laws  of  Iowa,  1909,  pp.  166-168. 

16  Laws  of  Iowa,  1911,  pp.  140,  141. 

IT  Laws  of  Iowa,  1904,  p.  80;  1913,  p.  152. 

18  Laws  of  Iowa,  1913,  pp.  166,  170. 

19  Laws  of  Iowa,  1864,  pp.  53-56,  and  1913,  p.  88. 

20  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  330;  Laws  of  Iowa,  1892, 
p.  42. 

21  Code  of  1897,  Sec.  373. 

22  Laws  of  Iowa,  1882,  p.  1.53;  Code  of  1897,  Sec.  2628. 

23  Lows  of  lotca   (Public),  1872,  p.  53;  1880,  pp.  196,  197;  1888,  pp.  74, 
75;  1913,  p.  218. 

75 


76  APPLIED  HISTORY 

Pilaws  of  Iowa,  1880,  p.  71;  Code  of  1897,  Sec.  2584. 

25  Laws  of  Iowa,  1882,  p.  36;  1900,  pp.  68,  69. 

2sLaws  of  Iowa,  1884,  pp.  192,  202;  Code  of  1897,  Sec.  2503;   Laws  of 
Iowa,  1904,  pp.  93,  94. 

27  Code  of  1897,  Sec.  2511. 

28  Laws  of  Iowa,  1890,  pp.  44,  45. 

29  La^cs  of  Iowa,  1874,  p.  38;  Code  of  1897,  Sees.  2539,  2563. 

30  Laus  of  Iowa,  1900,  pp.  19,  86. 

31  Laws  of  Iowa,  1886,  pp.  54,  55;  1888,  pp.  135,  136;  1906,  p.  115;  1911, 
p.  126. 

32  Laws  of  Iowa,  1909,  pp.  159,  165. 

33  Laws  of  Iowa,  1911,  pp.  130,  131. 
^iLaws  of  Iowa,  1913,  p.  109. 

35  Shambaugh  's  Messages  and  Proclamations  of  the  Governors  of  Iowa, 
Vol.  I,  p.  91;  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  28. 

36  Laws  of  Iowa,  1900,  p.  85. 

37  Laxvs  of  Iowa,  1854-1855,  p.  252 ;  1900,  pp.  40,  41. 

The  act  of  1900  which  created  the  Department  of  Agriculture  also  pro- 
vided for  a  finance  committee  of  three  members  appointed  by  the  Executive 
Council.  This  committee  ' '  examines  and  reports  upon  all  financial  business ' ' 
of  the  Department  of  Agriculture  before  its  annual  meeting  and  makes  such 
report  to  the  Governor.  No  member  of  the  State  Board  of  Agriculture  is 
eligible  as  a  member  of  the  committee. 

38  Laws  of  Iowa,  1854-1855,  p.  121;  1892,  p.  98. 

39  Laws  of  Iowa,  18.56-1857,  pp.  337,  338;  1872,  pp.  113,  114. 

40  Laws  of  Iowa,  1880,  p.  142;  1913,  pp.  232,  233. 

41  Laws  of  Iowa,  1892,  p.  83 ;  1900,  p.  85. 

42  Laws  of  Iowa,  1888,  p.  74;  1902,  p.  62;  1904,  p.  93. 

43  Laws  of  Iowa,  1907,  pp.  138,  140. 

44T/ie  Telegraph-Herald  (Dubuque),  Vol.  LXXXI,  March  28,  1913; 
Laws  of  Iowa,  1911,  pp.  93,  94. 

*^  Journal  of  the  House  of  Representatives,  1913,  pp.  131,  132;  Laivs  of 
Iowa,  1913,  p.  9.  The  General  Assembly  had  previously  provided  for  the 
appointment  of  examiners  of  municipal  accounts  by  the  State  Auditor. — 
Laws  of  Iowa,  1906,  p.  25. 


SELECTION  OP  PUBLIC  OFFICIALS  77 

iOLaws  of  Iowa  (Extra  Session),  1848,  p.  31;  Code  of  18.51,  Sees.  287, 
481,  614;  Code  of  1873,  Sees.  Ill,  651,  834;  Laws  of  Iowa  (Public),  1874, 
p.  59. 

*i  Laws  of  Iowa  (Extra  Session),  1862,  p.  10;  1886,  p.  126;  Code  of 
1897,  Sec.  2576. 

48  Laws  of  Iowa,  1870,  p.  184;  1872,  p.  98;  1892,  pp.  82-84;  1900,  p.  85. 

•lo  Laics  of  lotva,  1892,  pp.  97,  98;  1898,  p.  35. 

so  Laws  of  Iowa,  1904,  p.  103;  Code  Supplement  of  1907,  Sec.  2575-a  11. 

=1  Laws  of  Iowa,  1906,  pp.  35-37;  1909,  p.  163. 

52  Shambaugh 's  Documentary  Material  delating  to  the  History  of  Iowa, 
Vol.  II,  pp.  283-285;  Vol.  TIT,  pp.  266-268. 

-3  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  101;  Code  of  1851,  Sees, 
303,  322;  Hevision  of  1860,  Sees.  303,  332;  Laws  of  Iowa,  1870,  pp.  186-, 
187;  Code  of  1873,  Sec.  299;  Laws  of  Iowa  (Private),  1874,  p.  30;  Code  of 
1897,  Sec.  411;  Laws  of  Iowa,  1906,  p.  11. 

5iLaws  of  the  Territory  of  Iowa,  1838-1839,  pp.  178,  179;  1845-1846, 
pp.  17,  18;  Constitution  of  loiva,  1846,  Art.  VI,  Sec.  5;  Constitution  of  Iowa, 
1857,  Art.  V,  See.  13;  Bicknell's  The  Early  Courts  in  lou-a,  published  in  the 
Iowa  Historical  Record,  Vol.  XVII,  pp.  274-277;  Laws  of  Iowa,  1913,  p.  36. 

^^  Iowa  Legislative  Documents,  1868,  Vol.  I,  pp.  57,  58;  Laws  of  Iowa, 
1868,  pp.  221-223. 

'io  Laws  of  the  Territory  of  Iowa,  1838-1839,  p.  35;  Constitution  of  Iowa, 
1846,  Art.  VI,  Sec.  5;  Laws  of  Iowa,  1858,  p.  406;  and  as  to  the  office  of 
county  coroner  see  Laws  of  Iowa,  1846-1847,  p.  154. 

57  Provision  for  the  county  recorder  may  be  found  in  Laws  of  the  Terri- 
tory of  Iowa,  1838-1839,  p.  396;  Code  of  1873,  Sec.  336;  Laws  of  Iowa, 
1880,  p.  35.  At  present  Dickinson,  Emmet,  Osceola,  and  "Worth  counties 
have  less  than  10,000  people. 

For  the  office  of  treasurer  see  Laws  of  the  Territory  of  Iowa,  1838-1840, 
p.  19;  Laws  of  Iowa,  1846-1847,  pp.  139,  140;  1864,  pp.  164-166.  Provision 
for  county  sheriff  was  made  in  Laws  of  the  Territory  of  Iowa,  1838-1839,  p. 
79,  and  for  the  county  board  of  trustees  in  Laws  of  Iowa,  1909,  pp.  24-26. 

58LaRS  of  Iowa,  1854-1855,  p.  39;  Code  of  1873  Sec.  2069;  Laws  of 
Iowa,  1862,  p.  86;  Laxcs  of  Iowa,  1870,  p.  116;  1892,  p.  73;  Laws  of  Iowa, 
1896,  p.  57. 

soJau-o  Legislative  Documents,  1913,  Vol.  ITT.  p.  32;  Laws  of  Iowa, 
1913,  pp.  93-95,  110. 


78  APPLIED  HISTORY 

eo  Laws  of  lotva,  1870,  p.  186;  Sevision  of  1860,  Sec.  739;  Code  of  1897, 
Sec.  1375;  Laws  of  Iowa,  1890.  p.  38;  Code  of  1897,  Sec.  5645. 

61  Laws  of  the  Territory  of  Iowa,  1839-1840,  p.  48 ;  Laws  of  Iowa,  1880, 
p.  155;  Laws  of  lotva,  1882,  pp.  105,  106;  1906,  p.  28;  1909,  p.  33. 

62  Laws  of  Iowa,  1892,  pp.  54,  55;  Code  of  1897,  Sees.  1073,  1093,  1138, 
1146;  Laws  of  Iowa,  1913,  p.  104. 

6^  Laws  of  the  Territory  of  Iowa  (Extra  Session),  1845,  p.  28;  Laws  of 
Iowa,  1866,  p.  113;  1870,  p.  94. 

ei  Lairs  of  the  Territory  of  Iowa,  1838-1839,  pp.  180-183;  Aurner's 
History  of  Education  in  Iowa,  Vol.  I,  p.  247;  Code  of  1897,  Sec.  2744. 

65  Code  of  1897,  Sees.  2751,  2752;  Laws  of  Iowa,  1898,  p.  53. 

66  Code  of  1897,  Sees.  2754,  2755,  2758;  Laics  of  Iowa,  1898,  p.  52. 
Elective  officials  in  independent  school  districts  are  nominated  by  petition. — 
Laws  of  Iowa,  1913,  p.  264. 

67  Laws  of  Iowa,  1858,  pp.  79,  80;  1870,  pp.  140,  141,  143. 

68  Code  of  1897,  Sec.  2757. 

69iaM;s  of  Iowa,  1870,  p.  10;  Code  of  1807,  Sees.  2755,  2756. 

70  There  are  only  five  special  charter  municipalities  in  Iowa  at  present — 
Davenport,  Dubuque,  Glenwood,  Muscatine,  and  Wapello.  Since  their  form 
of  government  and  method  of  selection  of  officials  is  practically  the  same  as 
for  general  charter  municipalities,  they  are  not  included  in  this  paper. 

Code  of  1897,  Sees.  257,  638,  642,  643,  644;  Laws  of  Iowa,  1902.  pp.  9, 
162-164;  1906,  pp.  10,  16;  1907,  pp.  20,  21,  28,  32;  1911,  pp.  32,  33;  1913, 
p.  61. 

71  Code  of  1897,  Sec.  655;  Laics  of  Iowa,  1907,  pp.  21,  22. 

72  Laws  of  Iowa,  1894,  pp.  47,  48;  1902,  pp.  16,  17;  1907,  p.  21;  1913, 
pp.  46,  47,  62,  63. 

73  Laws  of  Iowa,  1886,  pp.  187,  188;  1896,  p.  67;  1906,  p.  29;  1913,  pp. 
95,  96;  Code  of  1897,  Sec.  1076. 

74  Laws  of  Iowa,  1876,  p.  136;  1892,  pp.  54,  55;  Code  of  1897,  Sees.  1138, 
1146,  1370,  2568. 

■^5  Laws  of  Iowa,  1907,  pp.  38-49;  1909,  pp.  53-58;  1911,  pp.  38,  39; 
1913,  pp.  86,  87.  Burlington,  Cedar  Kapids,  Des  Moines,  Fort  Dodge,  Keo- 
kuk, Marshalltown,  Ottumwa,  and  Sioux  City  are  the  commission-governed 
cities  in  Iowa. 

76  Kales 's  Unpopular  Government  in  the  United  States,  pp.  24,  25,  135, 
136. 


UC  SOUTHERN  REGIONAL  LIBRARY  FAC  LITY 

I  INI   lll|lllllll|lllll  II    lllllllllllll  lllllllllll    


AA    000  642  875    9 
SELECTION  OF  PUBLIC  OFFICIALS  79 

77  Tlie  Eegister  and  Leader  (Des  Moines),  Vol.  LXV,  May  30  and  June  6, 
1914. 

78  In  1910  the  railroads  distributed  sample  ballots  to  their  employees  in- 
dicating for  whom  they  ouglit  to  vote  as  railroad  commissioners.  The  activ- 
ities of  the  "wets"  and  "drys"  for  their  favored  candidates  are  well 
known. 

79  Legislative  Systems,  a  bulletin  prepared  by  the  Legislative  Reference 
Department  of  the  Kansas  State  Library,  Kansas  (Topeka,  1914),  pp.  3-7. 
A  similar  plan  is  proposed  in  C'roly's  The  Promise  of  American  Life,  pp. 
329-332,  338. 

60  North  American  Revietv,  May,  1914. 

81  See  the  Oregon  pamphlet  on  Proposed  Constitutional  Amendments  and 
Measures,  1912,  pp.  210-219. 

A  plan  evidently  modeled  after  English  parliamentary  government  is  rec- 
ommended in  Kales 's  Unpopular  Government  in  the  United  States,  pp.  166- 
180.    One  feature  of  the  Oregon  plan  also  is  favored. 

82  Manuscript  Eeport  of  the  Efficiency  Engineers,  pp.  20-25. 

It  has  been  said  that  the  "Governor  does  not  favor  the  new  plan  of 
government  suggested,  and  does  not  want  the  powers  which  the  efficiency 
engineers  would  give  him. ' ' 

The  State  officials  generally  condemned  the  efficiency  report.  They  de- 
clared the  new  scheme  would  make  the  Governor  ' '  King  George ' '  and  the 
various  combinations  of  offices  suggested  were  scored  as  highly  impractical. 
—  The  Eegister  and  Leader  (Des  Moines),  Vol.  LXV,  March  1,  1914. 

^s  Preliminary  Eeport  of  the  Efficiency  and  Economy  Commission  of 
Minnesota,  1914. 

Si  Draft  of  Suggested  Amendment  to  the  Constitution  of  Oregon  for 
People's  Eeprcsentative  Government,  pp.  18-21. 

85  Croly's  The  Promise  of  American  Life,  pp.  338-340. 

86  Some  Modern  Lessons  from  an  Ancient  Court  in  the  Eeport  of  the 
Fifteenth  Annual  Meeting  of  the  South  Dakota  Bar  Association. 

In  Proceedings  of  the  Iowa  State  Bar  Association,  Vol.  XV,  pp.  148-152, 
may  be  found  Mr.  B.  I.  Salinger's  plan  for  the  non-partisan  election  of 
judges  for  twelve-year  terms. 

87  r/ie  Short  Ballot  in  the  State  of  New  Tork  (Xew  York  City,  1914), 
pp.  8-10. 

88  The  Eegister  and  Leader  (Des  Moines),  Vol.  LXV,  December  10,  1913. 

89  Zoira  Legislative  Documents,  1913,  Vol.  I,  pp.  11,  12. 


80  APPLIED  HISTORY 

00  The  First  Short  Ballot  County  (a  bulletin  published  by  the  National 
Short  Ballot  Organization). 

91  The  Short  Ballot  in  the  State  of  Neiv  Yorlc  (New  York  City,  1914), 
pp.  10-14;  Draft  of  Suggested  Amendment  to  the  Constitution  of  Oregon 
for  People's  Bepresentative  Government,  pp.  19,  21-23. 

02  The  Need  of  a  Short  Ballot  in  Ohio  (Cleveland,  Ohio,  1911),  pp.  18,  19. 

03  The  Short  Ballot  in  Illinois  (Chicago,  1912),  pp.  18,  24. 

04  The  Short  Ballot  Bulletin,  Vol.  I,  No.  7,  of  the  National  Short  Ballot 
Organization. 

95  The  Need  of  the  Short  Ballot  in  Ohio  (Cleveland,  Ohio,  1911),  p.  20; 
The  Short  Ballot  in  the  State  of  New  Yorl-  (New  York  City,  1914),  p.  15; 
The  Short  Ballot  in  Illinois  (Chicago,  1912),  p.  20. 

96  Proposed  Charter  for  the  City  of  Dayton  (prepared  and  proposed  by 
the  Charter  Commission  of  Dayton,  Ohio,  1913). 

97  Letter  from  Mr.  George  Gallamo  of  Chariton,  Iowa,  and  a  letter  from 
the  Mayor  of  Iowa  Falls,  Iowa,  September  15,  1914. 

98  Wilson's  The  Short  Ballot,  pp.  4,  16,  17. 

99  The  Begister  and  Leader  (Des  Moines),  Vol.  LXVI,  July  16,  30,  1914. 

100  In  New  Jersey  the  Commissioner  of  Education  and  State  Board  of 
Education  appoints  county  superintendents  of  schools.  They  must  hold  the 
"highest  teacher's  certificate  issued"  in  the  ^t?iie.— Amendments  to  School 
Law  (New  Jersey),  1912  and  1913,  pp.  1,  2. 

101  McLaughlin  and  Hart's  Cyclopedia  of  American  Government,  Vol.  I, 
p.  287. 


